Legal Question in Wills and Trusts in California
I refused to sign waiver of bond due to my untrustworthy sister. My dad died interstate.
In Fairfield, CA
Case file states because I refused to sign waiver that petetion is granted. Petitioner is to serve as administrator with bond in the amount of $80,000. Attorney is submitting and Order within 10 days. My sister does not qualify for bond due to her crdeit. I am assuming her attorney is co-signing? I am not sure what the above means exactly. Does this mean she is now the administrator and will be handling all financial property and beneficiaries monies? She is very untrustworthy and I don't know where I stand as an heir?
I also am NOT receiving mailings from court or attorney for her? I went to courthouse to get this public information myself. Please advise what the above means?
3 Answers from Attorneys
It is hard to say. Is your sister the Petitioner? If so, she has been appointed the administrator of the estate. I would be surprised if her attorney is co-signing. If she cannot obtain a bond, are you willing to serve as the administrator?
As administrator, she is required to keep an accounting of all items sold and expenses paid.
From all appearances, you are an heir and are entitled a share of the estate, depending on how many siblings there are.
To receive mailings, send a request for notice form to the court and be sure to send a copy to the attorney.
Good luck!
Hi, there. Sorry you are having to go through this.
It sounds like you are not being represented by your own probate attorney in this matter. If I am correct, you need to hire one right away. Not just any attorney, but a lawyer experienced in handling California probate. Your local bar association, or the California State Bar can provide you with some referrals near you.
If you cannot afford to hire your own probate lawyer, contact one of the NON-PROFIT legal services agencies/organizations in your area. If you qualify under their income guidelines, their services are almost always free. Don't put this off just because the holidays are nearly here. I don't recommend trying to represent yourself, because probate can be a complex process.
Best of luck to you.
Cordially,
Roberta Avrutin
I agree that you should hire your own lawyer. But if you don't:
File a Request for Special Notice. (Try Nolo Press for form.)
Whenever there is a hearing, make an appearance. The judge will probably explain some things to you.
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