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Lawyer refuses to give me my half share

Campbell, CA |

Current lawyer refused to give me the portion of a house sale that went thru the courts because sibling refused to cooperate. He says that he can be sued by the sibling but the court said it was ok to sell. Anything I can do to get my share? Sibling and I are not in contact because of personal issues.

Attorney Answers 6


  1. If there is money in dispute, it cannot be dispersed until the dispute it settled.
    Whatever portion is NOT in dispute MUST be dispersed.


  2. Your facts are not clear if there is ongoing litigation. In the event of a fee dispute with your attorney, you may contact the State Bar.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. If there is a dispute over the money, the attorney is required to hold onto the disputed portion until the dispute is resolved. At some point, if the dispute cannot be amicably resolved, then the attorney should file an interpleader lawsuit, where he deposits the disputed funds with the Court and lets a judge figure out what to do with the money.


  4. If your employer is in violation of the California Labor Code, you have an entitlement right to be paid as well as penalties and the recovery of attorney fees and costs. You should retain legal counsel who can obtain payment from the Labor Board decision. In regard to an audit, that’s up to the Labor Board whether they decide to take action or not take action in regard to your fellow employees.

    I hope this is helpful.

    John N. Kitta
    Fremont

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  5. You would need to provide a lot more information in order to obtain a sufficient answer to your question. For example, is this matter in probate? Is it in civil court?

    If you would like a free consultation, please do not hesitate to contact me at (408) 796-9616.


  6. Need additional facts to respond. To get your share, ask your lawyer to get court order regarding manner of distribution of the sale proceeds of house among all heirs/beneficiaries of the sale proceeds after payment of all expenses, if any.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012 http://www.thekalrafirm.com

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