What is the name of your state? California
This subject has probably never come up, but I work for an attorney who finds missing/ no known heirs after the close of probate. There are two ways to go about collecting the inheritance once we have found the missing person, either petition the court when the money is at the county level, or it can be at the state controller's office, in which case there is only a claim form and no legal action is involved. We have our clients sign retainer agreements, and ask for quite a percentage (legal fees/finder's fees), the problem that I have is last April I signed up a woman who was left money due to the laws of intestacy. The money was at the county treasurer's office, so I filed an ex parte petition to claim the bequest. This particular county does not accept ex parte petitions (they all do things their own way), so I sent her a regular petition to sign, and tried to go about it that way. Well, when I was ready to file my petition, the attorney that I work for told me that because it is a smaller amount (a bit under $10,000), wait until the money goes to the state (June/July 2006) and claim it that way, so he doesn't have to go to court. This infuriates me because it we charge legal fee's and HE SHOULD GO TO COURT but just does not want to.
I am wondering what I can do. Also, I have done all of the work for this case and we have a company policy that, if an employee submits a claim and then is not employed by the company when the money is paid to the company (it can take 6 mo. to a year to pay out) the company will send the former employee their percentage (we get commission). I do not know if I am going to be working here by the time this claim will be at the state level, but rightly I should get the commission for it because I have done all of the work. PLEASE HELP. Can I make him go to court, via whistleblower? Tell on him for his poor ethics??What is the name of your state?
This subject has probably never come up, but I work for an attorney who finds missing/ no known heirs after the close of probate. There are two ways to go about collecting the inheritance once we have found the missing person, either petition the court when the money is at the county level, or it can be at the state controller's office, in which case there is only a claim form and no legal action is involved. We have our clients sign retainer agreements, and ask for quite a percentage (legal fees/finder's fees), the problem that I have is last April I signed up a woman who was left money due to the laws of intestacy. The money was at the county treasurer's office, so I filed an ex parte petition to claim the bequest. This particular county does not accept ex parte petitions (they all do things their own way), so I sent her a regular petition to sign, and tried to go about it that way. Well, when I was ready to file my petition, the attorney that I work for told me that because it is a smaller amount (a bit under $10,000), wait until the money goes to the state (June/July 2006) and claim it that way, so he doesn't have to go to court. This infuriates me because it we charge legal fee's and HE SHOULD GO TO COURT but just does not want to.
I am wondering what I can do. Also, I have done all of the work for this case and we have a company policy that, if an employee submits a claim and then is not employed by the company when the money is paid to the company (it can take 6 mo. to a year to pay out) the company will send the former employee their percentage (we get commission). I do not know if I am going to be working here by the time this claim will be at the state level, but rightly I should get the commission for it because I have done all of the work. PLEASE HELP. Can I make him go to court, via whistleblower? Tell on him for his poor ethics??What is the name of your state?
