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
- California Probate Code § 1300-1312: Concerns powers and duties of administrators.
- California Probate Code § 2620-2629: Addresses the accounting and reporting by administrators.
- California Probate Code § 2400-2403: Discusses general provisions about blocked accounts.
Possible Solutions to the Stated Problem
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.
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.
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.
Estimate Rates for Probate Services in Sacramento
|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
- 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.
- 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.
- Are the other heirs in consensus about the concerns? - A united front might be more compelling in court.
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.