Van Nuys, CA asked in Legal Malpractice and Probate for California

Q: I was executer of estate and my attorney discouraged me from submitting my creditors claim and assets not protected help

The order of probate was not followed the statuary fee way over exceeded the amount in assets the attorney met with the other side not just the attorney the actual people the decedent owned property we received nothing the decedent was in a very lucrative industry with 2 other partners one partner would not be a part of the probate and the decedent had not filed taxes yet the probate still continued with no accounting

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1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
  • Legal Malpractice Lawyer
  • Norco, CA
  • Licensed in California

A: Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.

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