Legal Question in Wills and Trusts in California
exec. / trustee bad faith attn.
B-4 mom died she hired an atty. 2 look out 4 the trust 7 make sure no one lived in her house. ok cool when mom died that atty then became the atty for the estate correct? now exec of estate is represented / advised by said attny.correct? Ok got it
For 3 yrs we thought the exec/ ie sister was being advised and doing things lawful. NOW we find out the attory '' withdrew''& ''no longer represents the estate. ''That much I got out of the atton. as to why she with drew and the circumstances no comment. I understand ethical boundries. Would it be unethical to tell us at what time she ceased to represent the estate?? And could one of you out there care to venture a very highly educated guess?? as to why?? could it be the exc. was advised not to spend $ out of the trust without authorizing thru the other benificary . if an exec of an estate disreguared your advise and say defrauded a trust acct. you as an attory would have to protect your self while at the same time not breaching attor. client privil. correct??? so the attny for the estate has no dutie to the benificuaries-- theirs' is to the exec am I correct??? therfore withdraw ie no wrong doing. right?
1 Answer from Attorneys
Re: exec. / trustee bad faith attn.
The attorney for the estate represents the estate and no one party, in most cases. If your sister is the trustee, then you should send a written demand for an accounting from her. She has 60 days to respond. Has there ever been an accounting? If not, then there is probably not a need to wait the 60 days to file with the court for the accounting. If there is/was wrongdoing, then she should be liable for damages and can be removed as the trustee.
Can't even propose a guess as to why the other attorney ceased to represent the trust without directly asking that person.
Really, the first step is to gather whatever information you have and demand the accounting from your sister.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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