Legal Question in Wills and Trusts in California

Re: Statute on fraud and unethical misconduct

Unethical misconduct is different than simply drafting the will improperly.

However, I agree with Mr. Smith that you should consult with an attorney right away if you wish to protect your rights.

Re: Statute on fraud and unethical misconduct

The statute of limitations for malpractice is one year from the time of the act. The time for filing claims against the estate is one year from the date of death, or four months from the time of probate opening, whichever is sooner.

If the actions took place after the probate was open, then your time for objection is while the probate case is still open (subject to some other limitations).

Because these time periods are short, you should consult with an attorney right away.

Re: Statute on fraud and unethical misconduct

The Statute of Limitations against an attorney who drafted the will or trust is one year from discovery of the negligence. There usually is no independent claim against the executor except objections to the accounting and petition for surcharge and damages. There is a time limit for objections, and absolutely no objections can be made after teh estate is closed. If it is open, one remedy is also removal of the executor. It sounds like you need to consult with an attorney experienced in probate matters ASAP.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553