Legal Question in Wills and Trusts in California

Re: what are my rights as an ''Heir'' ?

That is a lot of questions!

First of all, if there is a will and an estate in excess of $100,000, a probate must be estableished. The executor named in the will must lodge (file) the will with the Superior Court in the county in which the decedant resided at the time of death.

The executor, not the lawyer, is responsible to the beneficiaries of the will, and the estate is responsible for storage fees.

If the executor hires an attorney, the attorney is paid based upon the value of the estate, and is set by California Statute. If they charge in any other manner, they are subject to sanctions by the court.

If no probate has been opened, you might be entitled to petition for probate yourself, an request to be the administrator. If you have more details and questions, please call me.

Re: what are my rights as an ''Heir'' ?

Basically as to notify you you're remained the beneficiary in many will or trust its annual copy of the document. His first loyalty you might say is to the executor of the estate as that is the individual whom he represents. Before it in answer any of your other questions I really need to have answers to mine. You may not want to have him and fired and removed. If he knows what he's doing this could delay matters. Yes he still has a right his be paid based on his proportionate share of attorneys fees granted by the court and the probate code. That will basically have to be negotiated or determined by the court. I am in the San Francisco Bay Area practice probate will offer over 30 years. If you wish to consult with me please call me at 925 -- 945 -- 6000.