Legal Question in Wills and Trusts in California
I sent a letter telling my sisters Attorney that I was not going to pay her and that her fee had to come out of my sisters account ,Know the Atorney has convinced 2 sibblings to share on her fees,leaving me the only one that refuses to pay her .My sisters Attorney had each sibling convincing the other to share and some of there tactics are un true ,for example that they can sue me for my portion of her fees, that they can over look me and proceed with out my approval .The house that I am one of the inheriteres can be sold without my signature even if my name is on the will,This Attorney is trying to change her position as my sisters own attorney to representing all of the inheriters ,I have never received any forms, or explanation of her fees her task that she has done ,, can the Attorney sell my sisters house without notifing me and is she suppose to send all of us exactly what she is doing and how much each task cost..
2 Answers from Attorneys
Has a probate been opened with the court? If yes, the attorney is only entitled to statutory fees and is paid by the estate upon approval by the judge.
If this is a trust administration, the attorney is still paid by the estate and the fees are deducted from the value of the estate. Either way, the beneficiaries end up paying an equal share of the fee.
can the home be sold without your approval, that depends on whether the estate is being probated or whether this is a trust administration. In probate, you are required to be notified of the sale and given time to object. If trust admin, the trustee can decide to sell without your approval, unless the trust gives you a power to object.
As for the fees, if she is being paid hourly in a trust administration, she needs to provide a bill to the trustee who decides whether it is reasonable or not.
I agree with Mr. Jordan's response to your questions. However, and in addition, you are advised to obtain probate/trust litigation counsel for beneficiary representation, to negotiate for you and protect your rights in the administration of trust/probate action. Be prepared to pay an hourly rate.
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