Legal Question in Wills and Trusts in California

Re: legal opinion needed

Of course I'd have to review all the facts to provide a legitimate response, but the attorney typically represents the Administrator in probate administration. The inquiry probably doesn't violate any ethical rules but it is probably unprofessional under the circumstances, especially when the closing of the estate has been delayed. It basically creates doubt on the part of the beneficiaries. Simply say "no", request a schedule for the winding up of the probate as well as an accounting of all expenses to date.

Re: legal opinion needed

I concur with co-counsel. There is nothing "illegal" about the attorney asking, but it certainly leaves a "bad taste" in the mouth.

Get your accounting and the schedule of winding up as Atty. Busch suggested.

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Scott Linden

Re: legal opinion needed

Third times' a charm - I also concur. I do not think this is malpractice per se but it veers dangerously close to a conflict of interest in my opinion.

The attorney's job is to carry out the intention of the person who has died. Your uncle has stated what he wants to have happen - and there is no rational basis for the attorney to go making additionnal things occur as well.

The conflict I see is in attempting to circumvent the intent of the testator by changing the terms of the bequests to add additional relief to the administrator.