Legal Question in Wills and Trusts in California

My father died in 2007 and the trust was very poorly written; with all the contingencies, it doesn't actually leave anything to anyone. It was suggested that we might have a case against the attorney that wrote the trust. What would this accomplish? We can't go back to re-write the trust, so is this only for punitive damages? I was told by an attorney that if we took the writer of the Trust to court, they would automatically be entitiled to a percentage of the estate. This seems to be a conflict of interest.


Asked on 9/03/09, 7:39 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

you need to retain an attorney experienced with trust litigation to review the trust and discuss with you the many complexities of a possible lawsuit against the attorney who drafted the trust.

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Answered on 9/05/09, 8:04 pm


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