Legal Question in Wills and Trusts in California
When will I get paid?
Well,after posting numerous questions here at LAWGURU.COM. Some of which never were answered!What or who are the''probate laws''for?I found that these laws are more to the advantage of the person who so chooses to be the estate administrator.Your site did help me to some extent!I am going through probate proceedings currently.My sibling petitioned the court to start the proceedings!When or where am I allowed to speak up on the matters at hand?I was found via an''heir locator''that retained an''incompetant''lawyer, who would not help me whatsoever when I had questions regarding the court proceedings.The attorney retained for me simply replied to all my questions with''Why do you want to create any waves, you're going to get your 50% just let things be''My questions were in regards to the administrators mishandling of things.Now, the house has been sold and I guess that the probate is in the final stages.I do still have questions regarding the administators actions.I dont think that I will get what I am entitled to once this is done.Where or who do I turn to for help?Your site didnt really help me much.I cannot reverse any of what has already taken place.What protects the beneficiaries on these matters.Why is there no one to help me?
4 Answers from Attorneys
Re: When will I get paid?
Have you reviewed the court file to see what's happened, or talked with the administrator's attorney? You can also get from your attorney the remaining steps and estimated time for closing the estate.
If there were problems with the way the administrator handled things, they can be addressed at the time of the final petition/distribution/fees hearing--you can prepare objections to the accounting if the administrator's actions cost the estate money they shouldn't have.
Re: When will I get paid?
Just so you know, the attorneys at LawGuru.com do this for free. They give the best answers with the limited set of facts they are given. Don't knock something like this. How much did you pay to list your question?
You need to get an attorney who will listen to you and as was already brought out, petition for special notice. Show up at the hearings and let the judge know you have a complaint, but make sure you put it in writing and file it with the court, it is best to have an attorney for this process.
Re: When will I get paid?
I have been practicing law for over 30 years in the estate planning/probate area. I've handled parties who are very mild and allow the probate process to proceed accordingly as well as individuals who want to "mix it up a little bit" with the executor or, if one exists. Please understand that I have no problem with that as long as the individual who is doing something is doing it incorrectly, illegally and not in the best interest of my client. My client is paramount in my mind as long as my client is acting reasonably and with common sense in regard to the transactions that I will do everything I can to protect my client. Now you have not had an attorney that has that philosophy, change attorney's. Her off your monitor and do something for yourself rather than ask for free legal advice over the Internet. You do not have the education, experience and probably ability to do things in court with experience judges who will listen to you if actively. People like me to do so you must use, people like me. But don't abuse people like me and when someone with my experience has to you, don't make waves maybe, Jack maybe, you're going over the line. Find a lawyer who you can listen to, trust and follow directions.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: When will I get paid?
File a demand for special notice with the court.
You can find the form at the following link:
http://www.courtinfo.ca.gov/forms/
They must notify you of any actions they take, and give you the right to respond. The judge has to review the final distribution.