Legal Question in Wills and Trusts in California
Is It Legal--During Probate/Intestate ?...Part 1
Can attys paralegal(hires paralegal for case)take funds from other est(as trustee/truster)&then had me take loan w/paralegal w/12 mo.int. rate %.This loan was notorized ;deed.Loan was pd off from property sale.I pd a yr's of int.rate(loan was pd 1 mo.Is commingling legal?
2)Do atty's who practices w/family firm suddenly provide clients notice of becoming sole-practitoner.Is this normal?What does this do in re to Who's liable for malpractice ins? Espec. being notified of this last min chg right before atty takes last minute vacation trip-which they so-called died?
3)I was never notified of this death,by their paralegal's office or their family firm.This deceased atty had a assistant from day 1.Except now she has passed the bar,and represented my now deceased probate atty'..Conflict of interest? Oh yes, she's paralegal's daughter.
Part #2 next...
1 Answer from Attorneys
Re: Is It Legal--During Probate/Intestate ?...Part 1
Sounds like you may want to consider new counsel. Commingling funds is a no-no in a fiduciary context. An attorney must inform you in writing as to whether or not he or she has malpractice insurance. It may be a bad sign if this new attorney doesn't carry it. There also may be a conflict of interest problem, but I would have to hear more facts.