Legal Question in Wills and Trusts in California

The question deals with probate. My brother has been executor of my mom's estate, for over 2 1/2 years.
He has had three attorneys, fired the first one, the second one fired him and now we are on #3. She has failed to file an objection to my petition to have him removed, the judge gave her two passes to have it done, first we thought my brother would go to mediation and twice has refused. His attorney advised us at the last hearing that my brother's wife is calling the shots. We/ve asked for an accounting of what he is spending the money on and got a few receipts. At the last hearing, we agreed to go to "arbitration" and had to have our briefs to the arbitrator on 11/29/10 and we sent in our half of the cost (1200.00), we got an email on 11/29 that she would not be available on 12/2 for our meeting. She is has no regard for anybody, we have been paying for our fees out of our pockets and my brother is using the trust to fight us. Where can we go with this. My brother has stated that he would rather use up the assets in attorney fees. That is not what my mom wanted!

Asked on 11/30/10, 8:18 am

Anthony Roach Law Office of Anthony A. Roach

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If your attorneys know what they are doing, they should be able to seek sanctions for his delaying tactics, against both him and his attorney.

Answered on 12/05/10, 10:15 am

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