Legal Question in Wills and Trusts in California

Re: probate

Court dates are public record. You can call the court clerk and ask. That is not an excuse for the attorney. Returning phone calls is the number one complaint against attorneys by their clients. The personal representative can write the office and state in clear terms that he has callled x number of times for this information over x number of days and not received the information by phone or mail. Then state, if I don't receive a return call within 5 days of this letter I shall report this matter to the California State Bar. Then do so, if no call is received. Have the letter delivered to the office so the date it is delivered can be proven.

Re: probate

Most courts also have web sites where you can look up the case to see what is in the court's file, including all pending dates and, sometimes, the probate clerk's list of what has and has not been done on the matter.

Since your attorney may not have done everything he was supposed to, read a book, such as the Nolo Press books on Wills, to see what should be done in general and ask him in writing why he has not done those items ommitted [also tell him that you will not accept a charge of attorney fees for his explaining why he has not done what he apparently should have done]. You need to know whether he is doing a good job for you or not; you can always change lawyers without having to give any reason, but that can result in a duplication of fees because the new lawyer must re-interview you, go through the current file, etc.

You also need to find out from him what he will be doing in the future. He will be upset, but you might want to contact the executor of the the estate to find out what is occurring and if anything else from you is needed.

Mr. Roth has also given you good advice that you should follow if you can not get anywhere with your attorney.

Re: probate

At this juncture, the only real recourse you may have is to hire another attorney and substitute your current attorney out. If you wish help with this, please contact me.