Legal Question in Legal Ethics in California

My sister passed away in Feb.8th2013 she left a will and named me and my sister two brothers as benificarys of her estate it is a mobile home valued at $ 58,000.00 ,My sister then without consulting anyone went and retained an Attorney ,When I asked my sister why she hired an attorney she blatantly told me to mind my own business .This is my question my sisters Attorney said that the house can not be sold not until we all agree to pay her fees from the sale of the house ,I have never received any kind of bill orfrom this attorney nor have I ever had a conference with her .I have never met this attorney outside of a few phone calls .We have a real estate agent that has a buyer for the house and he called me today to say that I am the only one that does not agree to pay her from the sale of the house ,so there fore the house can not be sold .Can she do this even though she has done zero work for me .What is my legal solution to this matter .I don't want to sue for a home where all is said and done we will be lucky to get $ 3,000.00 but isn't she obligated to send a copy stating all the houres she spent working in detail or an itemized letter explain her fees owed ,when I asked her about her fees she refused to answer my question is this ethical ..thank-you


Asked on 6/06/13, 8:56 pm

1 Answer from Attorneys

John Laurie Gertz and Laurie

You have indicated that there is a will as opposed to a trust.. A will is normally probated. The fees for the attorney and the person administering the will are generally set by statute. The will should state if the house is to be should with or without court approval. I would consult with a attorney who handles probate in your area. You can try calling the local bar association for a referral.

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Answered on 6/07/13, 9:06 am


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