QUESTION
What do we do if defendant has sent us a consent order asking us to extend informal accounting to 60 days?
Asked on Oct 28th, 2013 on Estate Planning - California
More details to this question:
We sued defendant (Administratrix of our dad's estate) because no distributions have been made in over 4 years. Judge issued Order to Show Cause hearing set for 10-18. On 10-17, judge cancelled hearing and gave defendant until 11-1 to provide informal accounting. We just received Consent Order request from defendant asking us to sign allowing them an additional 60 days, in addition to other items that the judge threw out in their counter-claim. We don't want to sign Consent Order but our attorney is advising us to allow her to revise it and send back to Defendant. Isn't this in effect, consenting or showing a willingness to negotiate? Couldn't it nullify the 11-1 date the judge issued for defendant to present informal accounting?
5 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Work with your attorney. She's got four years of facts in her head that this website doesn't have, she's got a sense of who the other lawyer is. You hired her for her legal experience and advice go with it.
Answered on Nov 01st, 2013 at 3:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the defendant has a reason for the delay, it is very likely the judge would grant the request anyway. Also, if you go along, you and your attorney will appear reasonable to the judge. If the defendant fails to provide the requested information in 60 days, then she will be in even worse shape.
Answered on Oct 31st, 2013 at 8:31 AM
3 Awards
You need to address this with your attorney. This site is designed to help you determine if you need counsel. Clearly you do. Attorneys with limited facts cannot second guess your attorney. If you want a second opinion you need to have an attorney review what your attorney is looking at. Best of luck to you.
Answered on Oct 31st, 2013 at 7:10 AM
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You have an attorney. Follow their advise. If you think they are not working in your interest or giving you proper advise, find a new attorney.
Answered on Oct 30th, 2013 at 6:28 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I would not give them the extension, you want keep their feet to the fire if any extension be granted, let them plead their case to the judge and let the judge make that decision. And at the hearing also request judge to award you additional attorney fees for causing you the delay as a surcharge against the administrator share of the estate or against her administrator fee.
Answered on Oct 30th, 2013 at 6:23 AM