Legal Question in Wills and Trusts in California

I have a friend, an elderly man, who has a trust. A few years ago he put his attorney in charge of his money...made him the executor. Since then he has never received a bill or invoice and has no idea what his lawyer is paying himself.....and he is literally paying himself because he writes out his own check. Is this common? My friend has no idea he has paid his lawyer for the last 5 years. (He also lives in another state and has never met him in person.) Should I be concerned or does this just sound like business as usual?


Asked on 4/08/19, 12:37 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

You have raised several red flags. If the attorney is the trustee, then he is wearing two hats (lawyer and fiduciary). At a minimum your friend should receive annual accountings for the trust: Income, Expenses, List of current assets. Also, what reason is there for having an out-of-state lawyer/fiduciary? I would look into this if this were my friend.

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Answered on 4/08/19, 2:53 pm


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