Legal Question in Legal Malpractice in California
...in a probate matter, where the will says all personal property is to be sold and the proceeds given to the two beneficiaries...
an attorney has told his client (one of the beneficiaries) that the two beneficiaries can get together and split up the property, as they see fit. He has written letters and otherwise communicated, suggesting the two beneficiaries get together and divide up the personal property.
What is the remedy for this?
3 Answers from Attorneys
Sounds like good advice to me.
Since the two beneficiaries get all of the personal property whatever they agree to with respect to the personal property will be fine with the court. In order for a third party to object the third party will have to show the court it has an interest. For example, an executor who is not one of the beneficiaries and whose fee is based on the value of the estate could demand that however the personal property is divided, it must be appraised or evaluated so as to determine the executor's fee. I discuss some of these issues on my website, www.probatenevada.net
So what is your complaint? If there are only 2 beneficiaries, and they agree to sell, or agree to split, that is their choice to make. If they don't agree, then the will dictates how to handle it. Only someone with an 'interest' in the proceeds can object.
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