Legal Question in Wills and Trusts in California

Our family went thru Probate for the last 4 years and finally settled in court on March 18th, 2013...Now it seems our Attorney is dragging his feet saying he is still working on his hours and fees for the case and we don't have a clue to how long this will go on...My question is how long typically after a Probate Case ends does one receive their funds? And if this continues, can i file a complaint with the State Bar in California?

Asked on 5/13/13, 12:48 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

Obviously I don't know what was done in march to reach a settlement and what part, if any, the attorney's fees play in the settlement. If there is a written settlement agreement (and there ought to be), then that document controls what is supposed to happen and also should indicate what the attorney's fees were going to be and who was supposed to pay them??? You may have the power to go into court to enforce your settlement. If an attorney assisted you in the settlement, then they are in the best position to assist you in getting your money. If you did not have an attorney, then you should probably have an attorney review the case and the documents.

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Answered on 5/13/13, 12:56 pm

Victor Waid Law Office of Victor Waid

I agree with Mr Feldman; you still may want to engage an attorney for beneficiary representation as a backup to insure the terms of the settlement are enforced, within a reasonable time, including payment of your distributive share.

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Answered on 5/13/13, 1:09 pm

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