Legal Question in Wills and Trusts in California

My aunt died without a will. She had 3 boys, two died, one disappeard without a trace. One of her dead son had a child which my aunt felt was not her biological grandson. My Uncle (my aunts brother) filed a petition to be named administrator and had been paying the expenses out of pocket for my aunts estate (taxes, utilities, cremation, etc). The grandson was named administrator without any sign that he has done anything to find my cousin who disappeared. We on the other hand have spent countless hours trying to find him. Can we contest this decision until such time that my cousin is found or declared legally dead?

Also, is the administrator (no matter who was named) responsible for my Uncles attorney fees?


Asked on 7/03/11, 7:52 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can contest it but yo need to prove to the probate judge that there is a conflict of interest [grandson gets zero if father found]ad the grandson is also otherwise not fit to be the administrator. Since your Uncle did not have any authority from the administrator to pay any bills, he might be excluded from reimbursement by a strict administrator, especially attorney fees not directly related to preserving the assets of the estate.

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Answered on 7/03/11, 10:06 am


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