Legal Question in Wills and Trusts in California

Distribution Check

Do I really need to fire my attorney to get my distribution check thats made out in both of our names that was issue by the administrator of my father Estate? Or should I just send a notice to him stating that I want that check sent to me in full because I do not want him to take money out until we go in front of an arbitrator?


Asked on 11/22/05, 1:52 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Distribution Check

If there is a fee dispute, the attorney is required to distribute the undisputed portion and retain in the client trust account the disputed portion. Even if you fire the attorney, since the fees appear to be disputed, the attorney will retain the undisputed portion pending resolution of the dispute.

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Answered on 11/22/05, 2:06 pm
Joel Selik www.SelikLaw.com

Re: Distribution Check

You may request the attorney to distribute to you the portion that is not in dispute. The remainder he or she may keep, in trust, until the fee dispute is resolved. You may initiate fee dispute resolution in several ways, including contacting the Local Bar Association and request Fee Dispute Arbitration.

JOEL SELIK

Attorney at Law www.SelikLaw.com

800.894.2889

760.479.1515

702.243.1930

Licensed to Practice Law in California and Nevada

B.A. Industrial Psychology, B.S. Human Communications

CA Real Estate Broker, CA Superior Court Judge Pro Tem, Mediator/Arbitrator

CONCENTRATING IN ELDER ABUSE, LEGAL MALPRACTICE, LITIGATION AND COLLECTIONS. Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice, Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 11/22/05, 2:45 pm


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