Legal Question in Wills and Trusts in California

Living Trust

Mother just passed; went to pick up papers from lawyer & now she wants a $5000 retainer fee. Though my mother ''disinherited'' her son (due to the fact he is well to do and they have never had a close relationship), the lawyer stated that a letter be sent to him and his 2 daughters (who has not had contact with my mother in over 30 years) asking if they want to contest it. She stated they have 120 days, and if they do not contest it we are returned the money. We do not have that kind of money.

By the way, she made an appt to pick up the trust and then informed us of this! According to previous conversations, as soon as she signed off on the paperwork, all was done. She also did not give us the trust papers. It is almost as if the trust is being held for ransom! Is this proper procedure?


Asked on 1/09/08, 6:47 pm

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

Re: Living Trust

No. Hire a lawyer a to represent your interests. It should not require a $5000 retainer.

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Answered on 1/09/08, 8:59 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Living Trust

No. Tell her to give you the trust. You can give notice of intent to administer the trust without an attorney. If things go south, then hire an attorney. If she refuses to give you the trust, threaten to contact the state bar.

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Answered on 1/27/08, 6:10 pm


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