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Old 06-03-2014, 10:44 PM   #1 (permalink)
Junior Member
Join Date: Jun 2014
Location: San Francisco
Posts: 1
Question probate

I was the Power of Attorney for the Executor Of an estate for over two years. The executor was in jail for the better part of the two years. I preformed all his duties and much more. I have it in writing that I would be paid for doing all of the tasks and going above and beyond the call of duty as in cementing in a sidewalk tha the executor left undone and thereby avoiding a two thousand dollar a day fine etc. I must of saved the estate over at least $50,000 or closer to $100,000.After the estate property was sold and got very nice deal at 1.3 million cash , he decides to fire me. Only after the judge removed him as executor ZHe refused to pay me for the two years of work I did do I had figured out I put in at least 362 hours during that time, After he refused to pay me I petitioned the court for half of his executors fees and was denied by the judge told me to refile for compensation II did that and got denied without prejudice. Now what do I do??? Help
chrismr2 is offline  
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Old 06-11-2014, 06:07 PM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
If it was denied without prejudice that means you still have a cause of action, but you likely did something procedurally wrong.

Your best approach in this situation might be to petition the court to recover your costs under the theory of unjust enrichment explained in more detail here. http://www.legalmatch.com/law-librar...nrichment.html

Essentially if someone takes advantage of your time and they received time, money, etc you can disgorge them of the benefit they received. You would likely be able to recover the amount of time you spent working for the trust, which is the benefit that was unjustly received.

It appears you are in San Francisco so you can use the San Francisco Bar Association or California Bar Association to find an attorney and there are great free attorney matching services such as http://www.legalmatch.com/ that can help you find legal assistance.

Good luck.
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