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The Bank of America(Executor) & the Public admin.did not notify heirs of their Uncles Will in probate in San Francisco

San Francisco, CA |

...because of this it has caused ALOT of harm to their families futures... What should be done?

Attorney Answers 2

Posted

Not enough information. Is there a will? What is the current status of the probate proceeding? Why is the Public Administrator involved if the Bank of America is an "Executor?" What is the harm that you claim has been done?

DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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6 comments

Asker

Posted

Dear Mr. Tigerman, I mention a couple of names here that were in the Will, This actually was an email to an Attorney down in Ca. thats been looking into things for me & wanted to know basically what you do... I just copied & paste it from the email to her...hope thats ok... Not being notified denied me the ability to have any imput into the court proceedings. It has made me feel like a victim (a~gain) & it has left me feeling ineffective & powerless & without value. Its as if everyone else decided that my Sister & I were not significant enough as citizens & as human beings & didn't deserve the same rights as given to everyone else. The Wagner's Mother was not named or mentioned not 1 time in my Aunts Will, yet she got a notice. Her boys were but they're full grown adult men in their 60's. No where was the Mother of the Wagner boys in my Aunts Will yet she got a notice?! My Aunts Will states, "The then living children of Breckenridge Sturgell", yet we were NOT notified?!! How is that right or just? Why am I not worthy of notification? Had I of had the opportunity to follow the progress of my Aunts estate perhaps my life, health & emotional & mental state might be better then it is. Futhermore had I been allowed to follow the progress of my Aunts estate I would have been aware of my Fathers condition & of his demise. It also would of helped me with alot of dealings with my Dads estate. It alsomay of proved my Dad was indeed dead before my Aunt died. Frank Morris kept my Dad hidden from us. But I feel he was already dead! WE WOULD OF HAD A CHANCE TO OF PROVED THIS TO THE COURTS, but that chance was taken away from us Rosemary~. It has hurt my kids from ever getting the education I wanted for them! It has emotionally & phyically damged me forever! My Doctor states that my back, neck, stomach problems all relate to me being on the damn computer so much trying to deal with my Aunts estate & my Dads estate. They both go hand in hand-. It has caused me & my boyfriend severe fights over it all due to how I feel I need to pursue it & basically ignore my relationship with him~. The same goes for my relationship now with my kids.- Had I of been properly notified as it states I should of been by LAW, All of this now wouldn't be happening! All of the damage IS caused NOW from not being notified back then, PERIOD~. They should of given us our RIGHTS BY LAW & SINCE THEY DIDN'T BACK THEN, ITS TIME TO NOW.- >>>>>>.......*I would more then appreciate if you would show everything to another lawyer including this email, please~. ~ Kim~ :)

Asker

Posted

As for the Bank of America question, >Good question"! Also I was protecting myself in my intial question as to who I was due to ALOT of things & for good reason too. Will tell you in a private email sosweeet@comcast.net

Bert Z. Tigerman

Bert Z. Tigerman

Posted

Kim: You state that there is a lawyer in California "thats been looking into things for..." you. If you have or are now consulting a lawyer it is unethical for me to give you legal advice.

Asker

Posted

I've decided not to go thru her as she;'s been just too slow with her answers & her answers half the time made no sense at all. So I have no one right now as we speak. The problem with this case is that it all started back in 1996 & is still active today. The case is HUGE! My Aunts estate at 1st was handled by the Bank of America & then in Dec. of 1999 they dropped it for some reason? Then the public administrator in San Francisco took it over I guess? See, back in 1996 swhen they were suppose to of notified us the Bank of Aamerica was the executor & their attorney was an attorney my Aunt fired in June of 1996 yet somehow he weezled in to usde a will that my Aunt DID NOT want used! Had we of been properly notified it would not of been used we definately would of made sure of that with the letter my Aunt wrote to him stating that the will he drew up was not to of been used. We have a vcr tape of her & that lawyer when that will wasa drawn up & he is PRESSURING HER HARD to make him the executor of her estate. Undue influence! We did not become aware of her deeath until we found some unclaimed property of hers on missingmoney.com in 2009. Thats a long time we know, but we were not notified & it was the BOA responsibility to of notified us & did not! We would of contested the will back then & that right was taken away from us.- Her estate was in the high millions$!! My Dad was left the residuary & was to survive her by so many days & they say he did, but we think he didnt. I know that sounds a bit morbid & had we of been notified we would of made the former step son of my Dads whom is also an exp. Attorney whom also acted as my Dads attorney~in~fact for the probate hearings. We live in Washington state & my Dad resided here as well. The step son not only took our Aunts estate by telling the courts that my Dad had no other children, but he took our Dads estate as well. My Dads case consisted of forged signatures & ALOT of other mischievious things.- The 2 public administrators were both terminated whom were handling my Aunts estate for fraud. I dont jknow if it was with my Auntsa estate or not but considering that my Aunts case was their biggest case at that time I''m sure it was most likely the main one targeted by those 2. If you would like to take a look at her case(esp. in the estates accounting) you'll notice some things in there that are just not quite right. Her name was estelle may mcclelland . Theres 2 estelle mcclellands on their website San Francisco Superior courts website. I also was given a huge box from my Uncle that he had of my Aunts too. Please understand that we knew nothing about probate, estates, nothing~.. so from the time we found out about it I've been educating myself & know that we were to of been notified & were not. I hold the bank of america responsible that this & they are whom I want to go after. Theres ALOT more to all this too, so much in fact its hard to tell it all. I'm in search of help regarding this matter & if you could help us God would smile down on you :) Please help us... Sincerely, Kimberly~ :)

Asker

Posted

BOTH cases under her name ARE hers...I forgot to finish that in my last email to you sorry bout that...

Bert Z. Tigerman

Bert Z. Tigerman

Posted

I suggest that you contact the Bar Association of San Franciso Lawyer Referral Service. They can recommend a qualified probate lawyer to represent you in this matter.

Posted

I agree. Heirs at law must be notified of probate of a will. The probate court is without jurisdiction unless heirs at law are given notification of probate. However, the big question really is, are the heirs at law going to contest the will? Otherwise, notice can be cured and the court will have jurisdiction to proceed.

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5 comments

Asker

Posted

cured? Even if they live out of state?

Asker

Posted

Without notifying us you mean by cured? If so how is that legal?

Michael E Freedman

Michael E Freedman

Posted

I am not sure who responded to my comments, however, I have reviewed the question and my answer, and, as I recall, I had asked if the person who had not received notice intended to contest a will. I'm not sure what exactly is going on. Probate of a will was mentioned in the question. If so, then heirs at law must be given notice in order for the contest period to begin running. However, once heirs are discovered, notice may be given thus running the time. Michael Description: Freedman-Logo-smaller.JPG 580 California Street, Suite 1200 San Francisco, California 94104 Tel. 415-777-1666 Fax. 415-777-1699 The information contained in this email message is information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by email. If the person actually receiving this email or any other reader of the email is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or reply email, and kindly delete the email message and reply . IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Asker

Posted

Well we were never notified at all...I think the former not adopted step son whom is also an attorney up here in Washington has EVERYTHING to do with it... He was the attorney in fact for my dad down in san fran for my aunts case.

Asker

Posted

my dad was left 50% plus 50% of the residuary, we were to inherit had he of not survived the 120 days like the will said...that will they used should not of ever been used! It came from the attorney that my aunt fired, that attorney also ended up thde attorney for the bank of america, how in the world could that of been done? !

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