Legal Question in Wills and Trusts in California

In California my parents have filed their Living Trust/Will years ago. We need to contact that attorney as things have gotten almost out of hand with the care for my mother, by my older brother.

The question is if we contact that attorney is he obligated to inform my mother of us contacting him?

Also is California is a Trust/Will a public document?


Asked on 1/22/13, 5:21 pm

2 Answers from Attorneys

Scott Jordan Jordan Law Office

If you contact the attorney, it is unlikely the attorney will discuss your mother's estate with you, without your mother's consent. He will probably try to contact your mother to get permission or perhaps to find out what is happening to his client.

If you believe your brother is abusing or failing to provide for your mother, your options are to go to go and try to have your brother removed as her caregiver, presumably under a power of attorney.

No, a Trust/Will is not a public document. The exception, of course, is if your mother recorded the trust with the county recorder, which would be unusual while she is alive.

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Answered on 1/22/13, 5:42 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

The attorney's duty is to his client, your mother, so he would have a duty to inform her, and he couldn't represent anyone in a proceeding to which she would object, unless she waives the conflict. Thus, I'd recommend consulting a different attorney, but one who is experienced in elder law and probate litigation issues.

Also, wills and trusts aren't public documents unless they're filed with the court as part of a probate or trust proceeding, so it's likely your parents' is still private and confidential.

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Answered on 1/22/13, 5:44 pm


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