What constitutes A halt in a Court Process? California Probate Monterey County in regards to Malpractice by the executor .
Asked in Monterey, CA - 9 months
50/50 agreement probate case, no will family attorney, no charge, agreement executor no charge. One party broke agreement without informing anyone, 8 years later house for sale unassessed.. Halted the process, by means of court, removed executorship from the maverick executor and was handed over to a court appointed one. During this process no legitimate accounting was presented. They made up fictious events to confuse and take up court time rather than focus on the facts.. The accounting was not presented to the violated/betrayed bennificiary. Conflicts of interest, previous executer is married to the Life insurance agent and those accounts are in question. But not in same court. Conflict of interest.... Basically to legal bullies ripping off a widow and her son. My evaluation, sociopath
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I strongly recommend that you find a California Certified Specialist in Estate Planning, Trust, and Probate Law to assist you in this matter. Without a good attorney, I feel your chance of success in this case are quite slim.
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Constructive trust claims can be filed in courts with probate jurisdiction or in courts of general jurisdiction having authority over civil non-probate matters. The plaintiff’s choice for judicial oversight is based upon a mix of statutory limitations, strategy, tactics, ease of discovery and estimated time to trial.
Estate and trust litigation attorneys often share their clients’ frustration over the difficulties in remedying the financial abuse of the elderly. Remedies such as constructive trusts can go a long and creative way in preventing obvious and unfair results that would otherwise occur absent judicial intervention.
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