My question involves estate proceedings in the state of: CA
Four heirs. Will names two of the heirs co-executors. Will/estate was never probated. Approximately $120K in assets held by one of the heirs who wanted a co-executor fee. Other three heirs objected because the will/estate was never probated. Heir with the assets hired an attorney to extract an executor fee from the estate. Attorney claims to represent the estate even though the other three heirs do not recognize the attorney as such nor did they sign anything. To break the logjam, the three heirs offered to pay the heir with the attorney an amount that is approximately equal to a co-executor fee plus legal expenses. The attorney wants the estate to pick up all his fees in addition to the aforementioned payment. Attorney is threatening to open up probate if the other three heirs do not agree to his demands.
Seems ridiculous. Can an attorney not recognized by the majority of the heirs actually open up probate on his own because of the above circumstances?