Legal Question in Legal Ethics in California
Aunt is attorney who is trustee/beneficiary of Revocable trust, I'm Successor trustee/beneficiary; only the two of us named in trust. Aunt has her spouse on trust bank account; not me. Says I want my name on bank account so I can steal funds. Keeps 80% of my share of income in trust bank account with hers; won't release to me from trust so I can pay my own taxes, says needs our money for future expenses, possible future legal issues w/Trust /investments accounts, wall to wall excuses, says 1/2 of my income she kept in bank is not mine, it belongs to the Trust, I want to be released from trust; probable was over years ago; want my own separated trust investments and control of my half which has no effect on her half. She can stay in trust if wanted, I want out; she stalls, throws obstacles, gets personal, says I complain all the time and want to steal the funds from the bank, said wouldn't believe anything I say about anything, calls me liar. Probate was over years ago. Wants to hire attorneys for advice on the investments and severing me from trust, trust language gives permission to sever my interests, I have my own counsel, wants me to help pay for additional counsel she wants. If I'm released from trust I can participate separately on my own, i'm an adult. Her personal feelings (hates me) interfere w/judicial ethical responsibility. DO I HAVE GROUNDS TO FILE CALIF. BAR. GRIEVANCE? DOES TRUSTEE WHO IS ATTORNEY HAVE HIGHER DUTY?
1 Answer from Attorneys
You say you have your own attorney. You need to meet with that attorney, review the situation with him or her, and see if you have grounds to file a petition to challenge your Aunt's actions. If that attorney is not comfortable handling contested trust matters, then ask for a referral. You may also be able to find one here on LawGuru that can help you.
It is not possible to say if you have grounds for a bar grievance, without conducting a further review.
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