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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7414
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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New Question : Because of the recent death of the

Customer Question

New Question for Lucy: Because of the recent death of the opposing estate executor, we want the opportunity to do discovery on his medical records. We believe he was unable to perform his duties long before he died of cancer, and yet his attorney requested
his letters of administration be renewed 6 weeks prior to admitting he was deathly ill with cancer. The attorney was moving forward with a trial schedule without disclosing his client was unable to perform his duties as an executor and caused us to incur unnecessary
trial expenses. How do we ask the court to grant us the opportunity to do discovery on his medical records? This is a probate case in California.
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.
Thank you for requesting me.
I'm afraid I've never worked in probate law. I'm going to opt out and open your questions up to the other experts. I apologize for the inconvenience.
Expert:  Irwin Law replied 2 years ago.
Hello. I am another expert here and I would be happy to address your probate question. this should be considered an Information Request rather than an Answer. You use the term "opposing" executor. Please explain how you are involved with that particular estate proceeding. Are you an heir or a claimant against the estate. That will make a huge difference in my Answer.
Customer: replied 2 years ago.
We are "interested parties" because the majority of the assets in the estate belonged to our dad who allegedly died intestate. The woman was his live in girlfriend for many years, but after his death she produced a suspicious confidential marriage certificate which is being litigated, but as yet unresolved. This bogus certificate allowed his assets to be poured into her estate (she died testate 6 weeks later) because of community property laws. She also did some bogus "creative" banking and real estate transactions which are being litigated. This is why we are "interested parties."
Expert:  Irwin Law replied 2 years ago.
I understand how you may be interested parties in girlfriend's estate. You are actually potential claimants against her estate. But I don't quite understand how a dying executor (in father's estate, I presume) could cause you to incur unnecessary trial expense. In order to stop going back and forth and getting nowhere on a complicated discovery question, I will offer you additional services which includes direct contact. I'm pretty sure that I can analyze your situation and tell you where you stand in about 15 minutes. If you choose not to accept the offer for additional services, then I will opt out and place your question back in the general answer list.