Legal Question in Wills and Trusts in California

I opened up a probate case for my mother. Initially I started out filing all the necessary paperwork. Then frankly I pretty much dropped the ball. The accounting hearing is set for Monday and I have not filed a final inventory or accounting report. What will happen if I miss this court date. Will it be continued?


Asked on 5/03/14, 1:07 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

Only if you appear and ask for a continuance and explain the reason for the delay to the court. Be straight up with the judge; but don't miss the next time for filing, as court may set a hearingf for sanction to be considered. I really suggest you obtain the assistance of a probate lawyer, and quit trying being your own lawyer when you don't know what you are doing.

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Answered on 5/03/14, 1:43 pm
Charles Perry Law Offices of Charles R. Perry

If an attorney "drops the ball" like this, it could be considered malpractice. You also have an obligation to the heirs of the estate to not "dropp the ball." If you continue in this manner, the heirs could eventually have a claim against you for your mishandling of the estate.

The most likely result of your failing to show up for the hearing is that the court will issue an Order To Show Cause why you should not have to pay monetary sanctions (a fine) or why the probate should not be closed. It is likely that the hearing set for Monday will be continued to the same date.

You really need to obtain the assistance of counsel to assist you.

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Answered on 5/04/14, 3:20 am


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