Legal Question in Wills and Trusts in California

another alternative for holding funds

Trustee in estatehas turned funds over to atty to be placed in the client trust account. Is there another alternative to this choice given that I see the funds being eaten up by slow paced actions for the atty benefit. I am the only beneficiary in this estate where the Trustee and the Atty are clearly conducting less than honorable actions. I am not represented as I thought the Atty could handle both of our questions etc. But the atty wants to maintain an adversarial business climate. I have recieved nothing even though the Trustee recieved 17k and the atty is getting paid. When do I get paid?


Asked on 1/17/09, 5:21 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: another alternative for holding funds

You need to speak to someone who is knowledgeable about trusts and estates. They are two totally separate things. Trusts are legal creations in which the owner of property puts items with instructions to the trustee as to how they are to be distributed; the trustee does not gilve the assets to an attorney to handle, as that is the trustee's job. An estate is the collection of a dead person's assets which is either controled by the Will that the owner had made before death or by the laws of the state if no Will was left. Again,the attorney does not handle the money, an administrator appointed by the court does if probate is filed [which can be the attorney].

You need to read the answers to questiions on this site as to trustees and estates, go to the courthouse to read through the probate file if there is one, look at some books on the issues [see Nolo Press with its books for lay people, write down all the questions you have and discuss them with the trustee [if you speak to the attorney, which yuou might want to do], keep it brief as he/she is charging the estate for their time. If you want to speak to someone independent, you can hire someone like me or another attorney, but have a clear understanding of all the facts and send it to them first and thenknow what questions you have to reduce the amount of time needed for him/her to respond, so that you are charged the least.

Good luck.

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Answered on 1/17/09, 5:50 pm


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