Legal Question in Wills and Trusts in California
surcharge and bond company questions
step by step how do i surcharge my brother the administrator of my mother's estate? which bond company is responsible for
payment? myself and my brother petitioned to be administor's of my mother's estate. this judge allowed a convicted felon to administer the estate a house valued at over half a million dollars. the mortgage holder foreclosured. i am a notary public. myself and another heir want our inhertance. i want my brother removed as the administrator of the estate. does the need to surcharge automatically do this? i had to fire a attorney because he allowed my brother to be co-administator in the first place. my strong wishes against this were indicated in the declaration on this attorney's letterhead. another judge out los angeles allowed my brother to be conservator of my grandmother instead of me i have taken care of my grandmother for over five years. care givers have come in and out of the house for years. she had alzheimers and was bed ridden my poor grammy could not speak or see.
someone from a agency which cares for the disabled and the elderly came to bath her six days a week. now she is dead. two months after she was given to two male criminals. i am in pro per not by choose etc. please help me. thank you
3 Answers from Attorneys
Re: surcharge and bond company questions
See an attorney about the surcharge and removal--you'll need this before the bond company will pay anything. If you're a co-administrator, you may be required under the bond to have an attorney anyway.
Re: surcharge and bond company questions
With all due respect what status in society does a Notary Public have that it's too impressed me so substantially. Any idiot can take the test I did, it took me approximately four minutes to complete it and he asked, I'm a Notary Public. I am not impressed with myself and that doesn't give me any more status than anyone else, except those who can't pass the Notary Public test. Now, as to your brother with all of his defects. I've been practicing probate law for 30 years and if there is a choice between two individuals one who is a former convicted felon, drug user, police official batterer an otherwise not a nice guy and a Notary Public I cannot imagine the jagged selecting about felon to take a fiduciary responsibility. So the facts seem odd to be Sir/Madam. Say you question is quite unique, quite unusual and one which I even can't wait to see the other members of this forum's answer. Thank you for lightning the start of my weekend.
Re: surcharge and bond company questions
You (or some other interested party) needs to file a petition to remove the administrator and surcharge him. The bond is in the court file. See an attorney as soon as possible.
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