Stumped and don't know what to do?

[REDROZ]

My Mom died in calif with no will, my siblings sold everything she owned, they did not allow me to go though her belongings before they sold them, so last week the judge ordered them to pay me compensation, they sent the check to my lawyers office in my name, he sent the check to me in MI to sign and to send back to him to pay his attorney charges!!! (the case has not ended) the judge ordered a audit of the last 3 years then disbursment of the estate. Do I have to send him the check back? it is in my name only, I don't owe him that much! does he have that right to hold the full amount until the disbursment?

 

[advisor10]

12-17-2001

DEAR REDROZ:

Please clarify your situation by answering a few important details that you left out:

(1) What type of fee arrangement did you sign or agree to with the attorney?

(2) Is this attorney handling probate matters for you or working in some other area of law for you?

(3) How much money is the check you have now?

(4) What is the value of your mother's estate and do you have any idea of how much you will be receiving from the disbursement?

(5) If you don't want to pay him the full amount of your check, at least pay him half of it or 2/3rds of it, and keep the rest for yourself but don't spend it yet. Discuss the situation with him to find out if he will be receiving a fee from the final distribution of the estate or not.

Executor fees in Calif are 4% of the first $15,000, plus 3% of the next $85,000.

(6) Is this attorney handling your mother's estate and representing all the heirs or just working for you?

SINCERELY,

[email protected]