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Should each heir have their own Probate Attorney? What if Personal Representative of the estate isn't doing his/her duties?

Los Angeles, CA |

Probate Court LA County
Case opened 2004
Businesses Disolved
Real Estate to be Distributed
Taxes Paid
Referee Paid
No Court Date?????
Statutes of Limitations on Probate

Attorney Answers 5

Posted

It is not usually necessary for each heir to have their own probate attorney. That said, if there is a case that was opened in 2004 and is not yet closed, unless it is extremely complicated, there is something wrong and at least one heir should hire an attorney and figure out what is going on.

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Posted

Attorney James is correct. If you are one of the heirs of this estate, you need your own attorney to figure out why this estate has been open for nearly a decade. If nothing else, the attorney should be able to prompt this matter to move and make sure your interests are represented. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Posted

Your case predates the current tracking and setting so it has probably fallen through the cracks. All bene's can have one attorney but conflicts could arise.

You need to file a petition for account and setting an osc re final distribution.

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.

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Posted

Each heir is not required to have their own attorney but each heir ias a right to their own attorney if they so choose to hire one. It appears that you have posted court probate notes from a case that is pending and it appears that the court is now ready to terminate the case because nothing has been done. You should seek an attorney to get this matter completed.

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Posted

If you anticipate that there is a problem and or that the executor has done something wrong then you should contact your own attorney to see what remedies are available to you.

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