Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My mother passed away in March 2014 and had no will. I am…

Customer Question
Hello, my mother passed away...
Hello, my mother passed away in March 2014 and had no will. I am the court appointed administrator for her probate case. By June 2014 we hired a probate lawyer Who will earn money only if there is money left. My mother owned a rental property that she had just signed a one-year lease with the tenants 2 weeks prior to her passing. I had remembered my Mom telling me how fond she was of this family that was found to rent the property. I have zero experience with probates or wills. After learning from our probate lawyer that a typical probate takes two years to finalize... My instinct was to offer this Family to continue living in the property and complete their lease agreement through February 2015. The tenants were thrilled that they could stay and would send their rent checks to me and I would then pay the mortgage Co. I did verbally and clearly inform Our probate attorney of this upon hiring him June 2014. Moms debt and everything involved was a mess and we all soon figured out that all of us would earn a very very minimal inheritance if any. Months went by and family first time our probate lawyer told me that I needed to open an estate account . I honestly had no idea this is my first experience with the probate case or will. At this time he asked me to open the estate account is when the property she did live at sold and there was profit from the sale to put into an estate account . This is now late November 2014.
So from March 2014 through December 2014 the renters at her rental property and regular basis. See page 1125 in rent. The mortgage was $900 per month. This property was four hours distance from me and I am a stay-at-home mother of three kids was unable to go out to help them fix anything that came about so I would just take their word and have them lower the rent on a very regular basis based on what they say they paid an outside contractor. Also during that time the woman had a extremely complicated pregnancy did give birth and then lost her baby at two months old. I ended up telling them they could vacate December 2014 with no early termination consequence. So to sum it up there was a teen/profit of approximately $75-$100 each month that I did put in my personal checking account . I guess I felt like I was acting as a property manager and the dollar amount was not substantial enough to do anything with and at that time I didn't even know about the estate account . Now all of 2015- they had vacated ,there was no rental income and the property ended up going into bankruptcy and has an upcoming sale date . All of 2015 my lawyer still did not inform me or ask me to deposit and withdraw the rental money activity through this estate account. Just now after allll of this time he is demanding that I get a statement from the mortgage company showing all payments made during 2014 which is no problem for me. But he is also demanding copies of my personal checking account statements to see what amounts they sent me each month , what the profit was and wants every dollar of any profits back and for me to document everything that happened with contractors and repairs and maintenance during that year. The rental income profit comes out to be between $600-700 for the 2014 year.
Do I have to show you him my checking account bank statements? There is so much personal stuff on there I don't want him to see..
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 24 minutes by:
1/28/2016
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,702
Experience: Since 1983
Verified

Thank you for your question.

Would the lawyer be satisfied if you gave him the account statements and blacked out everything not related to the rental property?

Have you asked that of the lawyer?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
No, I haven't asked but I will. In the case that he says no? Will I be required to pay the estate account back? I never meant to be dishonest...it wasn't much each month but now if I have to pay it back in one lump sum.... It's just so frustrating because our probate lawyer listened to me talk about this rental and tenants for over a year without educating me on what I was required to do
Customer reply replied 2 years ago
He didn't advise me to open an estate account until the month before the tenants vacated in December 2014
Customer reply replied 2 years ago
I didn't know there would be an estate account or anything
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago

You should be able to work out a payment plan with the lawyer.

The rental income is property of the Estate and does have to be repaid, unless the lawyer agrees that it can be deducted from your share of the Estate.

Opening an account for the Estate is one of the first steps required of an executor, and the lawyer should have told you that the day he was retained.

You can find a lot of useful information in

How to Probate an Estate in California

which is available at most County Law Libraries.

I hope this information is helpful.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
Thanks
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago

If you are satisfied, please remember to rate my answer as 3 or above, otherwise my time here is not compensated.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,702
9,702 Satisfied Customers
Experience: Since 1983

N Cal Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
What happens when two siblings inherit a house 50/50?
What happens when two siblings inherit a house 50/50 (est. value $580K). One of them is the executor, and one is me (actually my husband). The third sibling (who inherited different property (est. val… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
I need to locate & view my Mother's Will simply to see if
I need to locate & view my Mother's Will simply to see if I'm a beneficiary. Not surprisingly, my punk half-brother (the Executor) is not co-operating with me to resolve this matter and, I believe, ai… read more
N Cal Attorney
N Cal Attorney
Attorney
9,702 satisfied customers
My grandmother died a couple of months ago and left a will.
My grandmother died a couple of months ago and left a will. Apparently she left me some money in the will, but there has not been a reading of the will (to my knowledge) nor have I been officially not… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
duties of the executor of the will in the state of alabama
duties of the executor of the will in the state of alabama… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My friend received a form to sign Waiver of Right to Administer
My friend received a form to sign: Waiver of Right to Administer from the probate court of Cuyahoga county, Ohio. What does this form mean in detail? His sister just passed last week. Thank you Kather… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I need a copy or format of a letter to creditors after death
I need a copy or format of a letter to creditors after death when there is no assets or estate.… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Can the executor of will who is also a beneficiary stop another beneficiary from entering
Can the executor of will who is also a beneficiary stop another beneficiary from entering the home that according to the will becomes equally both of theirs. Can the other beneficiary remove the lock … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Need information about Wells Fargo Estate services.
Wells Fargo does not provide estate accounts to any of its customers, despite the fact that they are an international bank. My fiance's grandmother passed away and we were forced to open an account wi… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
Why do you need to open an estate account and do you need to
Why do you need to open an estate account and do you need to have a tax id number for the estate? My father passed away and has almost 1 million in different banks, my brother thinks he can just close… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x