Legal Question in Wills and Trusts in California

statutory limit on objection to POA also fees.

I have been the responder in a probate case having to file an accounting. Now the petitioner is saying the decedent should not have given me Power of Attorney for she was not capable mentally. This was given in early dementia in 1999. The petitioner, a relative knew about this within a few months of signing and did not complain or want to help care for our parent. The parent died 4 1/2 years ago. Can he complain now? Also I have a contested hearing (aprox. 2 hours coming) Will an attorney do this only hourly (discovery) or on a flat rate. Not a large amount of money.ty


Asked on 9/29/07, 3:20 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: statutory limit on objection to POA also fees.

I did not look up the Statute of Limitations regarding breach of fiduciary duty claims, so you might not be home free on the POA issue. But, if you are sued, based upon the facts you raise, you may well enjoy an equitable defense of Laches. I don't know from you question if the contested hearing is in the probate case or unrelated, but as a fiduciary, you have the obligation to defend yourself against the charge and pay your own attorney. Most attorneys fees, including this one, will be subject to negotiation.

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Answered on 9/29/07, 4:24 pm


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