Legal Question in Wills and Trusts in California

does my attorney make money off probate?

My mother had a living trust which plainly states the ALL assets and property is to be divided equally between the 3 girls. However, the house was still in my fathers name. Everything else has my sister as executor. The attorney that set up the trust for my mother is now telling us that everything had to go to probate. Everything is frozen. Shouldn't he have made sure my mother had done this properly? Why are the IRAS and Cds frozen when my sister is on all her accounts. Do we have to pay the attorney to get this out of probate? How long will it take and is he making more money by taking longer. Why have a trust and pay a lawyer if this is going to happen?


Asked on 11/10/05, 5:53 pm

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: does my attorney make money off probate?

A trust only controls assets that are in the trust. If your parents wanted the real property to be assets of the trust, they should have transferred the assets into the name of the trust. Whether this was their fault or the fault of their estate planning attorney depends on how the matter was handled.

If the assets are listed as trust assets but not in the name of the trust, there is a procedure that allows for transfer, but it also requires a petition in the probate court.

See an attorney for more details.

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Answered on 11/10/05, 5:59 pm


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