Legal Question in Wills and Trusts in California
probate and trusts in a estate billing
after my mother passed , my brother and I as joint trustees didnt work out. It took a year to get him off so I could get the needed work done on the estate. The trusts has the house in it . But the rest of the estate assets have gone into probate.My Lawer has billed all the fees for getting rid of my brother to the trust. Not wanting to split it with the probate. I heard there is a set fee for probate and am thinking he wants more then what a honest lawer would ask.When I asked to have the fee split up he sent me a bill with another 5000 on it for probate and said there was no charge for the extra 5000 probate fee. I cant seem to get a true answer out of anybody at the law firm.
1 Answer from Attorneys
Re: probate and trusts in a estate billing
Well guess what, you're right. Although, what he would do depending upon which county the probate is open in is request from the judge extraordinary fees applicable to the payment. In the alternative if he builds the trust you do not have to comply with. He can then sue the trust. Or, you can't refuse and petition the court that he is doing this applicable to the trust so that he can obtain the fees outside of the probate and request the court reject his position of obtaining any funds from the trust itself. It also depends upon the judge. I note that you are in an area close to Alameda County. Alameda County now has a new judge who is quite "conservative" when it comes to attorneys fees. It is much harder to collect extraordinary fees from him. I have been practicing probate/State planning law for more than 30 years in the San Francisco Bay area and understand the areas of law applicable to that what you're asking about in your questions. If you wish to consult with me please fill free to contact me at 925-945-6000. While the attorney may think there are more ways to skin a cat, there are more ways to skin a cat on behalf of the estate as well.