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Probate: Can I contest a administrator and petition the court to take over a estate if the admin. is not doing his job?

San Francisco, CA |

Estate caught on fire and admin./heir received a loan against property

Attorney Answers 3


  1. Appears to be a duplicate question - previously answered.

    Mr.Scalise offers a FREE consultation; he may be reached at 805-244-6850 or by email (craig@scaliselawfirm.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her.


  2. Yes you can if you are a potential heir/beneficiary of the estate. You need to contact an attorney as this is difficult to accomplish by yourself.


  3. If the administrator is causing harm by breaching the duty to protect the estate and engaging in self-dealing, if you have an interest in the estate, you absolutely can seek the administrator's removal and seek to surcharge the administrator for the administrator's wrongful conduct.

    Get an attorney quickly.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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