Attorney Answers Santa Clara County Wills & Probate QuestionMy father died in Santa Clara county, California and made his attorney executor and me trustee of his estate. His attorney, the executor, won't talk to me until his fees are paid. Who pays his fees? Me or the estate? My father died in Santa Clara county, California, and made his attorney the executor of his estate and made me the trustee. Now, the attorney refuses to speak to me until his fees are paid, but he is the executor of my fathers estate, while I am trustee. My daughter received my fathers IRA and is making the mortgage payments on the house he left for me to live in and own. I have no money to pay the attorney fees, but need to find out how creditors are going to be paid. What is he responsible for since he is executor of estate and how can I get him to talk to me? Aren't his fees supposed to come out of my father's estate once the estate has been appraised? Or do the fees have to be paid now? I live in Santa Clara county, California.
Attorney's Response to Wills & Probate Question from Santa Clara CountyFor the question about paying attorneys fees out of an estate in Santa Clara county, California: The attorney's fees, assuming that they were incurred by your father or for work on behalf of his estate, would be paid by your father's estate. As the exectutor of your father's estate, the lawyer would have a responsibility to carry out whatever wishes your father laid out in his will. As an executor he would owe a fiduciary duty to any beneficiaries to protect estate assets and see to it that they beneficiaries receive whatever the will says they are supposed to receive. Since, you have said that you are the trustee of a trust, I will assume that there is a trust holding some of your father's assets. You would have similar duties as a trustee. If the attorney is owed money he would be a creditor of the estate and would be entitled to payment from any general funds in the estate before a final distribution of estate assets to the beneficiaries. As to how you can get the attorney to talk to you, that is a more difficult question that may have nothing to do with your legal predicament. As a trustee, you can get legal representation who would then represent you in your capacity as a trustee to deal with creditors of the estate. If this is something you wish to pursue, you should find a wills, trusts and probate lawyer in Santa Clara county, California to represent you.
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Adolphson & Dunnett18809 Cox Avenue Suite 250, Saratoga, CA (408) 374-1111 Anderson Cheryl Glen Attorney900 Lafayette Street Suite 706, Santa Clara, CA (408) 247-6500 Barbara A Fielden10455 Torre Avenue, Cupertino, CA (408) 252-0440 Chugh Firm The4800 Great America Parkway Suite 310, Santa Clara, CA (408) 970-0100 DLA Piper2000 University Avenue Suite 100, East Palo Alto, CA (650) 833-2000 Duane W Shewaga Attorney At Law577 Salmar Avenue, Campbell, CA (408) 341-0234 Estate Planning For Families Of Persons With Disabilities90 West Main Avenue, Morgan Hill, CA (408) 779-6344 Frank W Russo H1195 Main Street, Santa Clara, CA (408) 985-7700 Galli Jerome Attorney280 2nd Street, Los Altos, CA (408) 377-7845 Gazzera O'Grady & Stevens1134 West El Camino Real, Mountain View, CA (650) 968-9612 Haut Tascha12901 Saratoga Avenue, Saratoga, CA (408) 861-6500 Hinkle Jachimowicz & Pointer7539 Eigleberry Street, Gilroy, CA (831) 636-8773 Hsiang Jean Law Offices Of10601 South De Anza Boulevard, Cupertino, CA (408) 252-8868 Immigration Defense Daniel Shanfield Esquire & Associates31 North 2nd Street Suite 330, San Jose, CA (408) 275-6565 Jeffrey F Ryan455 North Whisman Road, Mountain View, CA (650) 691-1430 John C Clark attorney30 Keystone Avenue, Morgan Hill, CA (408) 779-2106 KENNETH J MACHADO JR33 North San Pedro Street, San Jose, CA (408) 280-7577Law Office Information:
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Does not accept credit cards. ROBBINS RICHARD ATTY7459 Monterey Street Suite A, Gilroy, CA (408) 848-1113 Randall J Toch30 Keystone Avenue, Morgan Hill, CA (408) 779-2106 Retirement Income Resources2051 Junction Avenue, San Jose, CA (408) 474-3025Law Office Information:
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Does not accept credit cards. STEPHEN R OLIVER2176 The Alameda, San Jose, CA (408) 244-9200Law Office Information:
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Does not accept credit cards. Schure Alexander Law Offices Of880 East Campbell Avenue Suite 201, Campbell, CA (408) 371-0494Law Office Information:
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Does not accept credit cards. Sowards Law Firm1289 South Park Victoria Drive, Milpitas, CA (408) 957-0807 Still Jennifer12901 Saratoga Avenue, Saratoga, CA (408) 861-6500 Thomas E Thiel2021 The Alameda, San Jose, CA (408) 249-7750 Thomas Mary Helen LMFT940 Saratoga Avenue, San Jose, CA (408) 247-7012 Van Keulen & Van Keulen8000 Santa Teresa Boulevard, Gilroy, CA (408) 842-5272 |
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