Legal Question in Wills and Trusts in California

Attorneys Acting as Trustees

Is an Attorney acting as a court appointed trustee of a trust bound by the State Bar Codes of Ethics? Example...the Attorney acting as the Trustee causes emotional and monitary damages to the Beneficiary by advice and consent to start secondary education funded by the Trust. This was given verbally to the Beneficiary and School in writing on his Law Office Letterhead and signature stating Attoney At Law.

After a six week period of enrollment, the same Attorney wrote a letter (again on his Law Office Letterhead) denying the request for the funds as that was a misunderstanding of the intupatation of the Trust. Now the Beneficiary is being dropped from school.

When questioned about this, the Attorney stated that he was acting as a Trustee and not a Lawyer, so there is no recourse via the State Bar Complaint Process for his ineptness. This Attorney is historically late in distributing the Trust Funds, and takes numorus phone messages (10+) each quarter before a return phone is received.

What are my options as the Trust does have a line item approving secondary education, and because of his change of mind/interpolation, there is a person being removed from school?


Asked on 2/24/05, 5:49 pm

2 Answers from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Attorneys Acting as Trustees

I regret you are having problmes with this attorney. To answer your question, the attorney is subject to the state bar rules on conduct, no matter if he is acting as a trustee or as an attorney. You are entitled to file a state bar complaint, and as a beneficiary you are entitled to file legal action to enforce compliance with the trust. You should confer with an attorney who is experienced in trust matters. Ask your local bar association for a referral. Good luck.

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Answered on 2/27/05, 8:00 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Attorneys Acting as Trustees

you can file a complaint against an attorney whether he or she is acting as an attorney or in some other capacity.

you can check to see if there have been other disciplinary actions against a california attorney HERE:

http://members.calbar.ca.gov/search/member.aspx

information on filing a complaint against a california attorney is available HERE:

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179&id=1144

if you believe the trustee is not performing his or her fiduciary duties properly, you can file a petition with the superior court for an accounting and to have the trustee removed and replaced.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16040-16042

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16080-16082

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16400-16403

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421

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Answered on 2/27/05, 2:13 pm


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