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CORRECTED QUESTION Intestate Probate: Can a lawyer with an incompetent administrator create a blocked account or Incompetent Person’s Compromise WITHOUT the knowledge or consent of the other heirs?

Updated • 11 months ago

No Estate account with an EIN exists.

Administrator: lived a cloistered life under her mother’s care for 34+ years, never employed, couldn’t make bond (her lawyer did), never done accounting, governmental filings, banking, real estate transactions, all which are required to manage an estate. Further, she doesn’t comprehend probate statutes and thus, consistently abrogates them, displays animus towards one heir, etc. Despite cogent legal arguments coupled with documentation to the court, she was appointed administrator.

It appears that, with the blocked account, which the lawyer created and has access to solely, he has been appointed as her conservator and thus, managed estate funds.


Review & Analysis of the Intestate Probate in Sacramento, California

Based on the description, it appears that there is significant concern about the administrator's capability to handle the estate in question, especially in the absence of an Estate account with an EIN. Coupled with this is the possible unilateral action of the lawyer in creating a blocked account without the consensus or even the knowledge of the other heirs.

Relevant California Probate Statutes

  1. California Probate Code § 1300-1312: Concerns powers and duties of administrators.
  2. California Probate Code § 2620-2629: Addresses the accounting and reporting by administrators.
  3. California Probate Code § 2400-2403: Discusses general provisions about blocked accounts.

More on California Probate Codes

Possible Solutions to the Stated Problem

  1. Petition for Review of the Lawyer's Action: Any interested party can file a petition to review the lawyer's actions and ensure they are in line with probate statutes. If it's found that the lawyer acted against the interests of the estate or the heirs, corrective actions can be sought.

  2. Seek Replacement of the Administrator: Given the alleged incompetence of the administrator, another approach could be to seek her removal and replacement. The court would evaluate the performance of the current administrator against the interests of the estate and heirs.

  3. Audit of the Blocked Account: A request can be made for an audit of the blocked account to determine how funds have been managed and whether any breaches have occurred.

Link to California Courts - Probate Division

Estimate Rates for Probate Services in Sacramento

Service Estimated Cost
Consultation with Probate Attorney $250-$400
Filing a Petition in Court $800-$1,200
Audit of Blocked Account $1,500-$2,500
Replacement of Administrator $2,000-$3,500

Please note that these are estimated prices and actual costs may vary based on the experience and skills of the attorney, and the complexity of the case. Also, the location in specific cities might influence the costs.

Clarification & Call to Action

To better assist you, more details about the actions and decisions of the current administrator would be helpful. If you believe you need to take action, it might be crucial to find the right attorney in your area.

Relevant Questions to Consider

  1. Did the administrator provide any reason for not establishing an Estate account with an EIN? - Understanding this can shed light on her intentions and the level of her knowledge.
  2. Have there been any financial discrepancies noted in the handling of the estate? - This can be pivotal in establishing a breach of duty or mismanagement.
  3. Are the other heirs in consensus about the concerns? - A united front might be more compelling in court.

Legal Disclaimer

This response is intended for informational purposes only and does not establish an attorney-client relationship. Always consult with a qualified local attorney for specific legal advice regarding your situation.

Note: The URLs provided are for reference and may not be functioning or have the most up-to-date information. It is always recommended to consult the official website or contact local authorities for accurate details.

Comments

Questions & Answers: Your Comments

Thu, 08/10/2023 - 12:39 This page is dedicated to Wills and Probate in Sacramento

Wills and Probate Sacramento

Written by Toni (not verified)
Tue, 07/25/2023 - 16:09

An Estate Account with an EIN is nonexistent.

Written by Admin
Thu, 08/10/2023 - 12:41

Alternative Solutions: Intestate Probate in Sacramento, California

Navigating an intestate probate situation, especially with concerns about the appointed administrator, can be complex. Here are alternative solutions considering local laws and relevant paragraphs.

Consult the California Probate Code

Before initiating any action, familiarize yourself with the statutes to ensure all steps align with legal provisions:

  1. California Probate Code § 850-859: These sections relate to actions and proceedings concerning the property that could be beneficial to your case.
  2. California Probate Code § 1040-1053: These focus on the general powers and duties of personal representatives, offering clarity on the administrator's responsibilities.

More on California Probate Codes

Exploring Alternate Legal Remedies

Mediation

Engaging in mediation might be an effective first step. It can potentially resolve disputes in a less confrontational manner than court litigation.

Request a Supervised Administration

By invoking California Probate Code § 1050, you can request the court for supervised administration. This would ensure more oversight on the administrator's actions.

Obtain a Bond

Despite the initial inability to secure a bond by the administrator, the heirs can collectively request the court under California Probate Code § 8480-8482 to demand one, further securing the estate's assets.

Ask for Periodic Accounting

By referencing California Probate Code § 1060-1064, heirs can request periodic accounting, ensuring the administrator transparently reports all actions.

Monitoring the Blocked Account

If there's concern about the blocked account, apart from an audit:

  1. Request Detailed Statements: Heirs can ask for detailed monthly or quarterly statements to monitor transactions.
  2. Limit Large Withdrawals: Propose a system where withdrawals above a certain amount require consent from a majority of the heirs or another trusted party.

Collaborative Decision Making

Instead of making decisions in isolation, propose a model where:

  1. Major Decisions Require Consensus: Decisions impacting a significant portion of the estate or its assets should be made collectively by the heirs or with their informed consent.
  2. Appoint an Advisory Committee: Consisting of some heirs or external trusted individuals can help in guiding the administrator.

Final Note: Choose the Right Legal Help

Given the complexity of probate and the intricacies of local laws and statutes, it's vital to seek experienced legal help. To ensure you're making informed decisions, find the right attorney in your area.

Note: It's essential to approach your situation proactively but also with empathy and understanding, as family disputes can be sensitive. Collaboration, whenever possible, can lead to more amicable resolutions.

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