How long can this go on? Small Estate

[dncr]

What is the name of your state? California

My husband's mother passed away two years ago (Dad passed a year or two before that). In late June of this year, we received a packet from her conservator's lawyer, detailing their monetary assets, totalling about $19k. This also included a claim against these assets for the conservator and the lawyer totalling about $10k. There was to be a hearing on 8/12/04 to decide this. We have not heard anything, and my husband has left two messages at the lawyers office asking for at least a time frame of when we can expect to receive notice of the outcome as well as any disbursement he might be entitled to. He has had no response.

1. Setting aside the fact that this lawyer has no sense of manners (having refused to return calls), is there any sort of time frame that a disbursement has to be made after such a hearing? Can he drag his feet for years if he wants to?

2. My husband made sure that the conservator knew our address when his mother passed, and asked that any personal effects be returned to him. None were. We're not sure exactly what there was as the parents were in a home and were controlled by the conservator, but there had to at least be pictures and books. If the conservator threw these away, is there any recourse against her?

I have calls in to attorneys, but one can't see us until 9/28 and I had to leave a message for the other (I have legal insurance and there are only two in the area that are covered), so any advice you can offer in the mean time would be greatly appreciated.

 

[taxlady@pacbell]

Lengthy Process

What part of California are you in? I might be able to refer you to someone! Unfortunately, California attorneys tend to draw the process out as long as they can, which I do not understand. I process probate estate and trust accounting and tax returns. I run into it all of the time! Simple probate matters under $100,000 and it takes 1 year to 2 years to process, it is ridiculous! Try checking with the probate referee directly to see what it is that they need to close!

 

[Dandy Don]

This is certainly shabby treatment by any means!!

Your first mistake may have been not to send someone to attend the 8/12 hearing to at least find out what is going on with this matter.

Go to the county courthouse probate court to look at the probate file to see if any information has been filed about how this estate has been handled/distributed. The financial information may all be there.

Conservator and attorney are obviously embarrassed about charging such high fees (although they may have deservedly earned it with their work) and obviously don't want you to be completely informed about what has happened. If there was any money left to distribute they should have notified you by now. Have a third party look at what has been done with this estate to see if everything has been done correctly.

Instead of allowing them to give you the brushoff, why don't you visit their office in person to meet with them personally to get an explanation??

DANDY DON IN OKLAHOMA ([email protected])