Probate delays

This is a probate case in California.
My mothers estate was put into probate nearly 3 years ago. It does not appear to be any closer to being resoved than it was at the start. My question is should I contact the court appointed administrater and ask why the money has not been distributed to the heirs? There are 4 heirs.

Yes, you should. You should also go to the county courthouse and look at the probate file to see if there is any documentation in there that might give insight as to what has happened.

forevercal said:

This is a probate case in California.
My mothers estate was put into probate nearly 3 years ago. It does not appear to be any closer to being resoved than it was at the start. My question is should I contact the court appointed administrater and ask why the money has not been distributed to the heirs? There are 4 heirs.

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What does your lawyer say about this?

Is this a really complicated case?

Court Appointed Administrator

California
The court appointed administrator is saying that there is an issue with a piece of property that was in both my mothers name and one of my sisters. My mother paid money into the house and her name as well as my sisters are on the papers. There is an issue that part of this house belong to the estate. The court has been continuing this for 2 1/2 years. All the evidence is in,but still they will not make a ruling and distribute the money.
What else can I do to speed this up?

Q: My question is should I contact the court appointed administrater and ask why the money has not been distributed to the heirs?
A: Yes, first thing in the morning. You should've started asking two years ago.

asked administrator

I asked the administrator why money has not been distributed. He said there were delays. I looked up the cases he is handling and he has quite a few cases. He is being sued also for professional negligence/legal malpractic. Every probate case of his has taken nearly 3 years. I have since found out that he is friends with the other attorneys and judge in this case.
My question is how to get him removed and also if I can get this case before another judge?

Get a new lawyer.

It's obvious that lawyers and judges know each other. They work with each other every day.

Have you been able to attend one or more of the court hearings? You need to get specific reasons for the delays--is it because the court has many probate hearings to consider or is it just a ruse/stalling tactic by the attorney to use delay as an excuse to continue billing for his time?

Stalling Tactic

The only reason they say is the issue of the property that was in both my mothers name and my sister. It was not survivor on the house papers. There is also a court appointed administrator and his attorney involved. The sister that was on the house papers with my mother says she paid all the money in on the house, but records of my mothers says she paid money into the house. My other sister hates the sister with the house and will not stop until she takes the one sister for everything.
I fired my attorney because he would not do anything on my behalf and would not even tell me what was going on. He was also friends with my sister that has the property that is in question. He was continually talking to her and telling her things that I had told him.
I have not been able to attend any of the court hearings, that is why I hired an attorney.
All I want is my share of the money that is setting in the estate account.
I have already paid my former attorney about $18000 and he did not do anything for me.
What can I do?
Is it possible to contact the judge and find out what is going on?

Q: Is it possible to contact the judge and find out what is going on?

A: No, judges are not allowed to make ex parte (one sided) conversations with a party. If you wish, write a letter to the court and send copies to every other party involved. Say that you want a hearing on what is taking so long and give the court ten or fifteen dates and times you will be available. Try that.

Petition to distribute

California
I finally fired the attorney that has been doing nothing for 2 1/2 years. I spoke with 2 other attorneys, but they want large sums of money up front before they will proceed. I can not afford to be out anymore money. They did tell me to petition the court for distribution of the available funds. Is there any possible way to do this myself or form I should use? Or do I have to have an attorney do this? Thank you.

Q: They did tell me to petition the court for distribution of the available funds. Is there any possible way to do this myself or form I should use? Or do I have to have an attorney do this?

A: Ask the court clerk.

Continue to interview with attorneys until you find one with reasonable rates.