It actually does not matter in California whether you have a written fee agreement or not. Both of the other answers are wrong. Bresler v. Wong.
You pay fees only after the Court orders you to do so after the Order on Final Account and Distribution is filed and entered.
This is an all-too-familiar scenario. I concur that you will have a conflict of interest with your creditor's claim; however you can still ask to be appointed in your petition and use a third-party professional fiduciary as a fallback position. The current administrator can be removed for violating a number of fiduciary duties (preserve assets, make them productive for the estate, keep beneficiaries and creditors informed, etc.). His assignment to the inheritance loan company is probative of...
1. In what state did your mother reside at your death?
2. What do you mean "has responsibility of"? That phrase is ambiguous.
3. Is there a trust?
4. At the time your mother prepared her last testamentary instrument, did your oldest brother have control over her affairs? Was he agent under power of attorney?
Again, there are not enough facts to answer the question, and insufficient detail in the facts provided to give any guidance.
Judges often get letters from various people complaining about lawyers. They have heard it all. But they will not act sua sponte (on their own, without some sort of petition or motion). The previous response is probably your best course. Find a competent lawyer in the county where this is taking place and have them review the file. You can, depending upon what they learn, terminate your existing lawyer and retain the new one. The lawyers will then have to divide the statutory fee based on...
If you want to go to a professional where you can tell them your secrets and be assured that they are required by their oath to keep them secret (at all peril to themselves until their death) or lose their license to practice, then you go to a lawyer.
If you want to find someone who calls you to solicit you for your business - their solution - with no guarantee they have any experience, education, or even that they will keep what you tell them secret (for example, if the IRS subpoenas their...
There is something missing here. If he has capacity, then why isn't he selling them? If your sister wants them and has money, why isn't she buying them? If he is still working in his field, why does he need to raise money? If they truly belong to him, why did he need to send you his mother's death certificate?
It sounds to me like you are on notice that these items may not really be his to sell in the first place.
I have never heard of surcharging the public administrator, but this may be one of this cases. Actions against government entities have strict time limits and many are barred by immunity. You could bring a civil rights case against them, perhaps seek damages for deprivation of property without due process under color of State law. It would be a novel case, to say the least. A young hungry lawyer with a lot of time on their hands would be required.
1. When did he "take [your] name off the policy? Prior to marriage? After marriage?
2. Do you have a prenuptial or post-nuptial agreement?
3. How were premiums on the policy paid? (From what source)?
4. Were you separated when he died?
5. Is the beneficiary son your child? Is he over 18?
After we get these questions answered, we can begin to provide some guidance.
You appear to have done some research into the law, but it is a little less black and white than you describe. An attorney who drafts the trust instrument for a client generally is disqualified from serving as the sole trustee of the trust, as is any partner, shareholder, or employee of a law firm in which the drafter has an ownership interest, because the attorney is a disqualified person. Prob C §§15642(b)(6), 21350(a)(1), (3), 21380(a)(1), (6).
Note however, that the drafter of a will...
In general, the bank may only escheat the account after 3 years of non activity. They would normally send notices to the owner or the beneficiary. However, if they are unaware of the death of the account holder, then they might escheat it in the name of the account holder without the TOD designation. This would pose a problem for the beneficiary. Some sort of 850 petition would then need to be filed to order the State Controllers Office to properly allocate the account to to correct owner.