Legal Question in Wills and Trusts in California

Is there a way to stop a probate that has been opened when there was no need to

My mother passed away in july of 1998. My mother was to inheret money from my aunts estate, but she died before my aunts estate was settled. My mother had a living trust fof her estate which protected it from probate. The money from my aunts estate that my mom was to inheret went into her estate (under 100,000), the attorney who is representing my mothers estate is putting the money through probate and notifying creditors that they have a claim when it has been over 2 years since my mom passed. I thought the statute of limitations was 1 yr. . Can I sue the attorney for malpractice or is there a way to get him to stop probate and not have to pay for his fees since he opened probate when there was no need to do so? Any advice will help a great deal. Thank you in advance.


Asked on 10/06/00, 4:31 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Is there a way to stop a probate that has been opened when there was no need

Just fire the attorney and take the case to another attorney.

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Answered on 11/03/00, 11:53 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Is there a way to stop a probate that has been opened when there was no need

Sounds like there isn't a need for probate here--the Trustee of your mother's trust could sign an affidavit to get your aunt's inheritance into the trust.

There is a procedure for dropping a probate that would probably apply here--California Probate Code section 12251.

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Answered on 11/03/00, 1:52 pm


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