Legal Question in Wills and Trusts in California

Mediation

I one of five heirs to small estate without will in contra costa county CA, now at five years old,sister is administrator who retained attorney for herself and had her file a partition to sell property, the administrator has waived her compensation but spent $30,000 on legal fees. Is it legal for her to claim these fees in a settlement against the heirs out of court and not report any of these fees with the court? The judge has sent us to mediation to try to settle a few issues but the administrator will not bring an accounting to resolve my issues how must I stress the need for a full accounting to the mediator it seems like a waste of time without an accounting. The administrator states that a partition is not part of this probate because it is civil and has a diferent case number. can the administrator settle out of court if it is not in the best interest of the estate. her attorney sent me a letter to settle out of court with her deal or it will be charged just to me?


Asked on 1/28/05, 5:27 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Mediation

these questions cannot be answered completely and correctly without a review of all court files and other related documents for the probate and the partition action.

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Answered on 1/28/05, 11:06 am


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