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...


Asked on 11/03/03, 11:12 am

1 Answer from Attorneys

Scott Schomer Schomer Law Group

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.

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Answered on 11/03/03, 11:20 am


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