Legal Question in Wills and Trusts in California

My brother opened a probate case for our mothers estate. It is a small estate and the main asset is her house. It has been a rough year on us and unfortunately probate fell low on his priority list. We do not have a lawyer. We filed notice to interested parties and creditors, both directly and published. Also filed a partial inventory list. Our accounting review is set for Monday. We have not filed any of the other appropriate paperwork. Final inventory, status report or accounting summary. The court is also 11 hours from where we live. What will happen if we miss this review. Will the case be continued to a later date? Will it be dismissed, and if so will be have to/be able to start over? We are now in a position to devote our time and energy into resolving this case and have been in touch with a couple potential lawyers but as of this date we are still unrepresented. What are the consequences of not appearing at the accounting review?


Asked on 5/03/14, 11:21 am

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

I'm not sure about the consequences; the court might sanction the executor by cutting his statutory fee, for example, but at the very least, your brother SHOULD NOT IGNORE THIS, or any communication from the court. If he can't get something officially filed, he must at least respond by letter, fax, telephone or email (maybe to the probate examiner). He should tell them what you have told us- that he is in the process of obtaining counsel, that he lives at a great distance from the court, and REQUEST A CONTINUANCE. Also, most courts now allow telephonic appearances, which would probably be the best way for your brother to make the request- I'm not sure of the exact procedure and it might be a bit pricey this late in the game, but Google it. (there might be something on the court's website too.)

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Answered on 5/03/14, 11:41 am
Victor Waid Law Office of Victor Waid

Use Courtcall and make the arrangements over the weekend, and use a credit card; they will need information such as the name of the case, number, court location, date, time, dept, and they will provide you procedures to get on line phone with the court before start of hearing.

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Answered on 5/03/14, 1:40 pm


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