QUESTION

I have a lawyer that is also an executor what do I do if he is not doing his job

Asked on Jan 17th, 2013 on Trusts and Estates - California
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3 ANSWERS

Business Attorney serving Sacramento, CA at McDOUGAL LAW
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From your question, it's hard to tell what you mean by "doing his job"- there are a lot of moving peices to any estate and, unfortunately, the attorney very often has little or no say on what happens- he is bound by the court's determinations as well as the statutory requirements.  Additional information regarding the other parties to the estate (beneficiaries) as well as the type of estate (probate or trust) would also be helpful. That said, I suggest writing a letter to the executor/ attorney outlining your concerns and reminding them that they have a fiduciary obligation to ALL beneficiaries of the estate.  Request a description of the steps taken so far to resolve the estate and the remaining steps and the (anticipated) timelines. This letter should also contain a reasonable deadline within which the executor is to respond, in writing, to your concerns.  If there are other beneficiaries, try to get them to join in sending the letter.  Send the letter Certified Mail w/ Return Receipt. If the executor responds and you are satisfied with their response, keep tabs on the progress of the estate (keeping in mind that the executor doesn't control the court and that there will likely be delays) and continue requesting additional information in writing as the process continues. If you are not satisfied with the executor's response, I suggest contacting another probate attorney to look into filing a separate probate or probate contest on your behalf.
Answered on Feb 05th, 2013 at 2:44 PM

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Estate Planning, Wills, Trusts Attorney serving San Jose, CA
You can remove him from the executor position by filing a petition to the court. However, you need to find a probate litigation attorney to have an evaluation on the case before filing it. 
Answered on Jan 20th, 2013 at 1:09 AM

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It's unusual for a lawyer to be serving as both the executor and the attorney. However, even if he was doing this I believe he can only receive ONE fee. That is, as the executor or as the attorney. Putting that aside, if he is truly not doing his job as executor then you need to look into removing him. Typically the reasons for removal would be obvious things like theft but more commonly things like not acting fast enough and/or breach of fiduciary duty. I would encourage you to find an experienced probate attorney to help you out. Good luck!  -John
Answered on Jan 18th, 2013 at 10:06 AM

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