Legal Question in Elder Law in California

Can a Attorney Draw up a trust and notarize it, especially when the client is 92, mentally and physically compromised, the person requesting that the trust be redone had the trust changed to her and the original benificaries did not get what was originally entrusted to them, this person was a " as she would say a care giver" I am the clients niece and new she was after her money but living in Phoenix I did not know she had done this deed, I knwe she had taken the trust out months before her and I were the only 2 that knew where it was, I told her to put it back, there were per visions for her but I guess not enough as she ended up with everything! As a turustee law states she is not to benifit which she obviously did, she ha POA, DNR,MPOA papers drawn up without our knowledge which weren't done per protocols as the law requires, signature on the final trust examined by 3 forensic handwriting experts, and all say it's not her's. We could not talk to our aunt without this persons permission, and phones were removed from her rooms so she could not call, mentally she would not have been able to as psych evals were done she did not know what day, year, the color blue was or a bed. All of the lawyers we have found in San Mateo are friendly with each other and it's difficult to get a fair resolution, the lawyers we hired did nothing, but took a 60% pay, for no investigation, discovery, or getting any of the documents we requested, they got more money then we did for doing nothing, they refused to answer our emails, phone calls, we requested our client file that was empty and the few emails that we were able to get a response were missing! We want the the original trust no one will produce it, the copy we got looks like a amateurs draft. Not professionally done at all. We don't think there is a original, the Dr treating her does not think she could have done this, first she had no phone, or number, mentally she did not know what a trust was, physically she was to I'll, 28 conditions and on 21 meds, how it that this lawyer that did the draft do it at 5:00 pm supper, not charge her WHY? And then when we called to speak to him we were told to never contact him again! WHY? Please give us some advice as how to handle this as this person off the street got over a million dollars!


Asked on 2/14/15, 1:26 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Challenging a trust on the grounds of undue influence or lack of competence is often an uphill battle, though it sounds like you may have a case. Depending on what your attorneys did or did not do, you may have a claim against them as well. The same is true as to the attorney that created the trust (though you must be careful of statute of limitations issues).

Simply put, you need to find another attorney. You are too far away to handle this yourself, and the matter is sufficiently complex that it should not be handled in pro per.

Almost all attorneys handle matters outside their home county. I know I certainly do. Check for attorneys in neighboring counties (SF, Alameda, Santa Clara, for example) that handle probate matters. Given that many hearings are by telephone, you could even retain counsel from further away. Look for attorneys who feel comfortable handling probate matters.

Sources for attorneys include local bar associations and LawGuru. I know there are attorneys on this system that handle probate matters. Contact several, and select the one with whom you feel the most comfortable.

This is also going to be expensive, and your fees will not be covered by the trust. The cost is something you should discuss up front with an attorney.

Read more
Answered on 2/15/15, 4:03 am


Related Questions & Answers

More Elder Law questions and answers in California