Legal Question in Wills and Trusts in California

Can I be sued for probate fees if already paid by executor?

Person A passed away in December & left a will leaving everything to person B. However, person C is executor, & person C chose to let the attorney who drew up the will handle the probate. Person C is person A's brother & began verbally & physically abuse person B shortly after person A passed away. After a particularly heated exchange a few weeks after the funeral, included backhanding & verbal abuse (yelling 2'' from person B's face). When person B stated person C can't just come into the home of a woman & do what he wants, person C informed person B, the house belongs to both B & C & he can come & go as he wants. I have asked to keep the house & rent a couple rooms for income, however, person C is saying to do that I would have to reimburse him for the attorney fees & court fees he has paid. Is this true. Person C is executor & it strikes me the fees he has paid are inclusive with taking on the role of executor. Can person C prevent person B from keeping the house as stated in the will by forcing person B to pay the approximate fee of $15,000-$20,000? Or does person C, as executor, assume the fees? PS: will states house cannot be sold unless all siblings agree & anyone who contests any part of the will get's a dollar.


Asked on 3/27/06, 9:39 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Can I be sued for probate fees if already paid by executor?

these questions cannot be answered correctly and completely without reviewing all relevant documents, including the court files and correspondence. you will need to retain an attorney to represent you in this complex situation.

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Answered on 4/01/06, 12:32 pm


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