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?
2 Answers from Attorneys
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.
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
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