Citation/Request for hearing procedure/Unnecessary delay of distribution by executor

[foolsgrave]

What is the name of your state (only U.S. law)? California

Distribution in probate case which was opened in August 2008 is being held up due to sibling rivarly between the executor of the probate and the trustee of a different trust from which all the assets for the probate case are coming from. Current probate has 90% of assets in blocked account and creditors claims filing date expired in feb 2009. Expenses etc should be no more than 15% of what is in blocked acct. Trustee wont release balance until executor signs agreement not to sue trustee...Family issue....

Since that is the only reason that distribution hasnt been made the executor is delaying probate without a valid reason. She states she cannot do a preliminary distb when state law says she can.

CANNOT afford to retain an attorney and widow is financially strapped with no source of income. What can she do pro per? Can a report of status of administration be filed? If so which forms must be filed with the court. Or can a citation be filed and if so what form is used when they reference "verified petition". And is the citation, verified petition and proof of service all the forms that are to be filed?

Any help on what forms to use to get court to review status and possibly rule on preliminary distribution would be greatly appreciated. Widow has no way to pay retainer and this would be the only legal issue to address.What is the name of your state (only U.S. law)?

[Dandy Don]

Have the executor take the agreement she is being asked to sign (not to sue) to an attorney to have it reviewed to see if there is any condition or circumstance under which executor COULD sue the trustee. The agreement may not be strong enough to hold--executor should go ahead and sign it so the money can be released. Even if the trustee has committed some illegal act, the trustee could still be sued so the agreement may be practically worthless.

Start talking with attorneys until you find one sympathetic enough to help you. Plead poverty. Once you tell them you have money coming from your share of the distribution, one of them should be more than happy to defer the fee until you are paid.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[tranquility]

CAN is not MUST. Under circumstances as complex as these, there is no way to advise without knowing all the facts. There is no was to force the executor to distribute partially. The potential remedy is to find the executor in breach of his fiduciary duty and remove him. Job for an attorney skilled in such things. If the facts are good, widow can get an attorney on contingency.

Pro per is not an option here which will garner any results beyond an ulcer.

[Dandy Don]

I certainly hope she will be able to find one willing to work on contingency. There are numerous complaints on this board about the difficulty of that.

[tranquility]

The difficulties, I bet, are more based on factual matters in the case itself and not the level of attorneys who are hungry for work.