Legal Question in Wills and Trusts in California

Improper attorney conduct

Father died in 2005. Had trust with mother who is 90. 2 sons to inheret all. Two bank accounts and house worth over 900k. After father's death the attorney who did the trust started to visit mother weekly. Mother, no school, from Syria, and knows nothing about trusts etc. signs anything the lawyer asks her to. Several changes to the trust has been made, including removing one of the sons as executer. A general power of attorney has also been signed by mother. Mother now wants nothing to do with the sons and will not show them any bank statements. Attorney will not talk to sons. We filed a complaint with the state bar to look into this situation. What will they do? Can they force an audit of the bank accounts?


Asked on 7/19/07, 2:58 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Improper attorney conduct

The state bar will investigate, but not do much except have a hearing to consider censure, suspension or disbarment. I suggest that you hire a lawyer to petition for a conservatorship of your mother's estate and in that context you will be able to gain court assisted discovery rights.

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Answered on 7/20/07, 6:20 pm
Scott Linden Scott H. Linden, Esq.

Re: Improper attorney conduct

What you desribe is not an uncommon occurrance to happen to widows...I've seen it happen close to home myself.

Our firm specializes in trusts and estates, I believe we can assist you with your situation.

Please feel free to contact me at the number and/or email provided by LawGuru, we offer free consultations, so it can't hurt to have us review whatever you have. Additionally, you can learn a little more about our firm as well as some very useful information regarding trusts, wills and probate on our firm's website, No-Probate.com.

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Answered on 7/20/07, 7:27 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Improper attorney conduct

The state bar may take action, but anything they do is more likely to hurt the attorney, and not to help you. If you believe there has been real undue influence here, you will probably need to go to court to vindicate your rights. That means hiring a lawyer and possibly filing a lawsuit with the probate court

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Answered on 7/19/07, 4:08 pm


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