Dreamer

California!
My mother died almost two years ago. Just had court date for disbursement,
I am also a creditor since I paid for funeral. The court ordered the administrator to pay my expenses immediatly as well as the disbursements, I am one of six. Just how long do they have to do this, what does immediately mean to you? Also, absolutely on will ever found or mentioned.

So what if mother died two years ago. What date (month and year) was probate first opened up on this estate?

Have you been able to attend at least one or more of the probate hearings for this estate?

Immediately means you can expect payment soon, perhaps within a few weeks, if administrator takes their responsibility seriously enough to go ahead and take care of business like she/she is supposed to.

DANDY DON IN OKLAHOMA ([email protected])

Dandy Don said:

So what if mother died two years ago. What date (month and year) was probate first opened up on this estate?

Have you been able to attend at least one or more of the probate hearings for this estate?

Immediately means you can expect payment soon, perhaps within a few weeks, if administrator takes their responsibility seriously enough to go ahead and take care of business like she/she is supposed to.

DANDY DON IN OKLAHOMA ([email protected])

Click to expand...

Thanks....from the California Dreamer

Is your attorney (at $200 per hour) serving as executor of the estate or just advising you through probate?

Your mistake was in signing an agreement with him without first finding out what executor rates are in that state, which are considerably less. Executor fees in California:

4% of the first $15,000 of estate value, plus
3% of the next $85,000 of estate value, plus
2% of the next $900,000 of estate value

The mistake was hiring him in the first place, was recommended by a so-called friend. He's representing me through probate. Thanks. I'd get into the whole story but it's a long one. He has streesed me out through the past two years more than necessary. Anyway, thanks for your input.

Here we go again...Is it a normal practice for the administrator of mother's estate to mail my check for expenses and the inheritance to my lawyer???

Does the administrator know your current address?

Yes, it is a bit odd for the administrator to do this IF your address was known, and it seems like there is a bit of unreasonable dislike towards you and perhaps it was done out of spite, but what do you care if you get the check and you get to cash it anyway?

Odd is putting it mildly. Yes, the administrator of the estate has my address,
but, no thanks to "my" lawyer, I supplied it myself to the administrator when paperwork went to my old address after I had advised my lawyer months ago.
Now, it gets better. My lawyer advised me that he received the check on Tuesday, I wanted to pick it up right then,( I now live 80 miles, one way, from this attorney), but he said that he was meeting a client in my area and he could bring it to me and ask if I would I give him a post dated check for his services, hmmm, I didn't answer that one and our conversation went on. He called me last night to verify this appointment and againand said something about paying him out of this money, keep in mind, this is reimbursement for my mother's funeral expenses, not the inheritence money, that's being mailed this week some time (they say), so again, he wants me to post date a check and I ignore that again and conversation goes on. In my mind if I told him I never post date a check for anyone, then this meeting to get my check would be cancelled, well I went with my gut feeling and I was correct. I took my adult son with me to meet him at a restaurant where he was supposingly meeting another client and oh wow! First, I hadn't gotten any paperwork from him for payment ever, he has a invoice totaling $7800.00 dollars and wouldn't give it to me because he needed a copy??? (it was computer generated), he had my check, made out to me in his hand and gave it to me and then I told him I would not post date a check for anyone and why did he have to have it now, he's to be paid out of the inheritence check. He was mad, yelling, etc. said he needed $$ now, took check from me, I'm holding on telling him its my money, then he backs off and lets me have the check, agrees to waiting and tells me he'll send a copy of invoice via mail. He threatened to take me to court and said I misled him, blah, blah blah. I also found out from the administrator's assistant that my lawyer requested that this check be sent to him so I made sure that the inheritence check would be directly sent to me. I know this is a long story, but it's the facts. Does anyone have any suggestions or anything that I should do???

Unfortunate

I am in California, and assist with probate and trust accounts. Unfortnately, we have many attorneys that do not take the probate process seriously and drag their feet. Fortunately, for my clients I have assisted in speeding up the process. I don't understand, as the attorney fees and the administrator's, trustees, executors fees are set by California Statute unless they petition the court for extra-ordinary expenses! Who wants this "stuff" hanging around for months and years.
Suggestion would be, if you don't receive what is due you, go contact the probate referree and make a complaint! Next best would be to the State Bar and make a complaint against the attorney and let him know that you are filing the complaint!
Good Luck

Well, thanks for everyone's input, Dandy Don, you're the dude! Anyway, it's taught me to really be careful and do some research before you hire a attorney. The one I picked I don't think ever really worked for me or really was on my side, now what's wrong with that picture!

Exactly how have you made sure that the inheritance check will come to you? It's hard to think of anything else that you need help with.

Well then, Dandy Don, I had to make a call to the administrator's office on another issue and spoke with his assistant and she assured me that it was coming directly to me, so hopefully I have nothing to worry about?? And, I hope you are right I'd like to put this all behind me and go on with my life. Taking care of my mother with no help from siblings, financially or otherwise, was the hardest thing I've ever been through. I found that there is a lot of hate and jealousy in my family and that is so sad. I watched a very strong lady take ill and go extemely downhill fast, thank God for that, and I did it all because I wanted to, and held a full time job also, that is why it'll be great when it's totally over. Thanks everyone.