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CA Probate Question

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DaKineDave

Junior Member
What is the name of your state? California

Hi Everyone,

Thank you for this forum! :^) Here is my situation:

My father purchased a condo ($225K) with cash and placed the condo in joint tenancy with his girlfriend. He realized later his mistake and hired a lawyer and legally broke the joint tenancy and owned the half of the condo in joint tennants in common. He placed his half of the condo into his trust. My father died last year and left half of his condo to his trust. Myself and my two brothers are beneficiaries of this trust. His girlfriend has died recently and she had a trust and a will. Her will was created solely to leave/transfer her half of the condo back to my father's trust. We hired a lawyer and he gave us some advice that the best way to get the other half of the condo back is to probate the will. The problem occurs that the executor of the will is her son (and a lawyer) who has a total hatred for my father and us brothers. Our lawyer is telling us that he can start the probate but the executor can drag his feet and it could take years for the probate to be completed.

My question is:
Is there some way we can have the son removed as executor of the will? Or is there some way we can force him to timely take care of his fiduciary duties? He does not reply to our letters. And only sometimes will he talk to our lawyer on the phone. But he never follows through with anything he says.

Any suggestions you have is much appreciated! Thanks!
 


seniorjudge

Senior Member
And only sometimes will he talk to our lawyer on the phone.


That's because he is prohibited by legal ethics; you have your own lawyer. Don't call the other lawyer.

Also, listen to your lawyer.
 

Dandy Don

Senior Member
Just because he CAN drag it out doesn't mean that he WILL drag it out. Discuss with your attorney or get a second opinion from another attorney about strategies/techniques you can pursue if dragging out becomes an eventuality.
 

tecate

Member
There are time limits in the probate code for carrying out duties. Look at Section 8001 for the first.

Who has the original will? Look at Section 8200 for the duties of the possessor.
 

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