Legal Question in Wills and Trusts in California

Re: estate attorney not doing his job

Contacting the state bar is a different issue--they will investigate and perhaps order some kind of penalty or discipline.

The other issue is closing the estate, which a different attorney should do. Find another one, preferably by a trusted friend or advisor's referral, have the new attorney get the file from the old one and finish the job. Trying to pressure the old attorney to finish after four years is probably a hopeless cause.

Malpractice claims statute of limitations is only one year, so the new attorney should also review the file carefully and soon to see if any malpractice action should be pursued.

Re: estate attorney not doing his job

from the facts given so far, you may have VERY strong legal recourse in this unfortunate matter. feel free to email me directly with more detailed information, including the amount of funds and/or attorney fees at issue here. i can then further assist you legally in this matter after receipt of more specific facts. thanks for your question.

Re: estate attorney not doing his job

First of all as to any complaint to the State Bar it will not yet another self create a situation that may be rectified voluntarily. It will take affirmative action on your husband's part. I would suggest that he immediately, and I do mean immediately contact an attorney who specializes in estate litigation. It is quite important that this matter be, "nipped in the bud". Depending upon the facts as they develop, and if similar to the innuendoes from your written problem, a request for the immediate transfer of any and all files, records, countings, checkbooks etc. to your husband or better to the new attorney. Additionally, thereafter a notice of claim to the old attorney should be made in a request that he divulge his malpractice insurance carrier. Once you've discharged your prior attorney there is a one year strict statute of limitations to files suit for malpractice. I'm located in Northern California would be very happy to deal with his for you if you so choose. Please contact me if you wish at your earliest convenience.