Legal Question in Real Estate Law in California

Trust Beneficiary's Attorney Dropping Case Near Close of Administration When Ne

My father died last April, he left everyting in a Irrevocable Trust to be divided equally between my brother and myself. My brother,first Successor Trustee and I Second. There are financial accounts (stocks, IRA, bonds ets.) and a house which I live in and plan to buy out his half. The attorney I have had for the past six months said he is not able to handle my case. My brother has taken funds from these accounts. As Successor Trustee, Heir and Beneficiary I am entitled to an account and a reason why this is taking so long. My attorney did not place a trustee bond on my brother as ordered by the courts and now I fear I will not receive my share. My brother who lives in another state will not talked or return my calls. My attorney told me today he will try to find another attorney more experienced and that my brother's attorney ''Gets off'' on trust litigation cases and will continue to keep delaying distribution causing me further financial and emotional harm. I fear my brother has taken or will take what my dad left for me. Please advise.


Asked on 1/27/04, 6:37 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Trust Beneficiary's Attorney Dropping Case Near Close of Administration Whe

If you are in the southern California area call and we may be able to assist. It appears your attorney was way over his head in this.

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Answered on 1/28/04, 12:17 pm
Scott Schomer Schomer Law Group

Re: Trust Beneficiary's Attorney Dropping Case Near Close of Administration Whe

Take your attorney's advice. As soon as possible, you need to find an attorney with experience in trust litigation. You should look for someone close to the location of the probate dispute, or near where you or your father live.

We have substantial experience in these areas and would be happy to assist you if we can.

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Answered on 1/27/04, 6:46 pm


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