Legal Question in Wills and Trusts in California
Is it legal for lawyer to send heirs copy of trust
The lawyer that drew up my Mom's Trust and Will has sent my sister, one of the named heirs, a copy of the Trust and Will the same day as my Mother's passing.
I am the Executor, and I wanted to wait until we had the burial over before starting to deal with the estate.
As I am the Executor and Trustee, is it legal for the Lawyer who drew up the documents, but who is not mine or my mother's regular lawyer, to send to one of the heirs a copy of the Will and Trust against my wishes?
1 Answer from Attorneys
Re: Is it legal for lawyer to send heirs copy of trust
I'm sorry about your mother's death.
Sounds like the lawyer's trying to make sure you use him by providing "services". You do not have to use him, especially if he's that insensitive. Since you didn't retain him to assist in trust administration, you probably don't need to pay him for his services to date (he "volunteered", he wasn't "retained").
It's "arguable" that he breached his duties to preserve the confidences & secrets of his client by sending out the documents - but not likely.
If you require further assistance, please let me know.
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