Legal Question in Wills and Trusts in California

Filing a lawsuit against an Executor for malpractice

There are two Executors working this case. They are both trying their best to work for my deceased wife's Son. He was named a Beneficiary and I am entitled to some of the assets that were ''community property''. Everytime this thing is about to close they come up with one more thing to ask for. They hired an attorney and I had to pay that attorney with the money remaining in the estate. There is no more money left and they are still trying to gouge me. What can I do to get rid of this issue (Son) and do file come kind of complaint against these Executors?


Asked on 12/16/03, 9:40 am

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Filing a lawsuit against an Executor for malpractice

What you do, you stop writing questions on the net and get an expert estate attorney to help you. If they hired 2 attorneys, and are paying them out of the estate to your detriment and you don't haven't attorney what you think is going to happen -- -- -- you lose. Stop losing. There are numerous rights under the law for second marriage surviving spouses. It deals with the rights to the house even if the house is the separate property of the other spouse, moneys in the bank and protections against abuses, possibly like the ones you are talking about. You can make a claim against the executors of their just doing their job. You can make a claim against the executors if they're doing more than their job. If they are trying to a mason over you to your own detriment with your own assets. As probably every attorney will tell you, without reading any of the other answers which I don't read we need a list of the assets in the type of things that they're doing it to you whether or not you have a claim. Would you have a claim or not doesn't negate your ability to stand up for your own rights. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/16/03, 11:27 am


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