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gcas

Junior Member
What is the name of your state? CA
3 siblings named executors, one is bipolar/manic/sociopath. 2 siblings are going to file probate in pro per, list 3rd as declining to act. (he insists probate not required, estate is over 200K). when he gets service of probate, he may/will object, how much info about his mental disabilities should be presented to court, when, and in what format? Thanks in advance for any insight!
 


seniorjudge

Senior Member
I think having more than one normal person as personal representative is a bad idea.

So my suggestion is to tell the court everything about the nutty sib.
 

gcas

Junior Member
Thank you, so it is better that only one act a personal rep, the 2 vs. 1 isn't any advantage? Should the mental issues be stated in the initial petition filings? TIA
 

tranquility

Senior Member
While it is entirely possible probate is not required (depeding on the composition of the assets), it is a good idea in this situation. I think a single person should start proceedings. Two executors is not a good way to go. Draw straws with your brother and the loser gets to file. I wouldn't put anything regarding the other brother's disability in the initial petition. Why? It would just serve to anger the other brother. Once you file, he would need to challenge in order to stop you. That is not an easy thing and requires an attorney or a lot of time in study to be successful with the motion or objection. If it gets there, that is the time you bring up your concerns regarding the other brother's mental stability.
 

gcas

Junior Member
Thank you both (Senior Judge, Tranquility) for taking time to reply, the estate is well over 200K, in CA that means probate since the will did not exclude.
 

seniorjudge

Senior Member
While it is entirely possible probate is not required (depeding on the composition of the assets), it is a good idea in this situation. I think a single person should start proceedings. Two executors is not a good way to go. Draw straws with your brother and the loser gets to file. I wouldn't put anything regarding the other brother's disability in the initial petition. Why? It would just serve to anger the other brother. Once you file, he would need to challenge in order to stop you. That is not an easy thing and requires an attorney or a lot of time in study to be successful with the motion or objection. If it gets there, that is the time you bring up your concerns regarding the other brother's mental stability.
Normally I would agree with you on this point, but here I assumed that the will required probate and that all three were named as executors.

Thus, I think the other two need to gang up on the third weird one to make sure he does not create too much disturbance.

However, as many probate estates go, the entire estate here could be eaten up by lawyers' fees...and once the dough is gone, the lawyers disappear!
 

gcas

Junior Member
Again, thank you both for replies, so there can be an advantage to having 2 petitioners in the initial filings, should the unstable one pose issues? With real property the estate is over 1M, so letters will be necessary to transfer property and settle estate. Either of you an attorney in CA? I'm seeking assistance in pro per petition, tho I know most solicitors try to stay away from that position.
 

seniorjudge

Senior Member
I am not a lawyer licensed in California.

But I know you are foolish to try to do this on your own.

You have big problems here.
 

Dandy Don

Senior Member
Talk to a local probate attorney before you decide to go forward with probate. You may want to have all 3 sign a form saying they decline so that a neutral, impartial attorney can serve as executor instead.
 

gcas

Junior Member
forum probate answers

to all respondents, thanks again for time and insight.
I know that proceeding with probate can be (is) foolish without an experienced atty, but when California law allows approx. $85,000 for attorney fees for an estate in the 1.5-2M range, and a sightly portion is paralegal work and forms, I don't think I am being overly foolish in seeking an attorney that will assist a semi-savvy pro per petitioner, altho I may be dreaming, I anticipate 300/hr for fees and would like to keep the bill in the 20-30,000 range as opposed to the 85K.
again, thanks for all your time and valued responses
 

tecate

Member
Take a look at Probate Code Section 10810 and following again. The upper limit for "ordinary" attorneys fees for a $2mm estate is $33k. Since there is a good chance that the fee would be shared by two attorneys, and that those two attorneys would probably spend much time working out minor disputes for which the fee applies, this probate might not attract as many experienced $300/hr. attorneys as you would guess. (He or she may run up 50 hours quickly, and end up working for far less than $300/hr.)

You can also try to find someone willing to work for the lesser of his or her hourly rate or the statutory fee.

The executors would also share the executor's commission. (Same upper limit as the attorney's statutory fee). If one hires an attorney to help, but that attorney is not the attorney of record, I believe those fees would come out of his or her pocket. (I don't think he or she can charge the fees to the estate.) Watch out for a whipsaw if another attorney becomes the attorney of record and wants all of the statutory fee.

I agree with the others about trying to reach agreement about this in advance. Also, if one of the three doesn't want to act, the court can use Probate Code Section 8001.

Good luck!
 

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