Legal Question in Wills and Trusts in California

Living Trust question

Greetings. This email is in regards to an inquiry for your legal advice.

I recently had my petition for a determination of entitlement to estate distribution dismissed in Alameda County Superior Court. The judge adviced me to contact an attorney to assist me with the distribution of my mother's living trust being administrated by my brother.

I filed this petition under the direct advice of an attorney, he advised me to file a petition for estate distribution. Therefore, I went to the law library and researched the different petitions for probate court, and found this petition to be the most compliant with his instructions.

Now, I am in search of an attorney's legal advice to assist me with gaining my fifty percent share of my mother's last assest, the sales proceeds of her house sold in March 2006. My brother keeps on giving me excuses for why he cannot distribute the funds.

Can you please provide me with information?

I also want to know is is helpful to file several petitions at once to get the ball rolling. For example, I want to file a petition to compel the trustee for accouting, as well as a petition to terminate the living trust.


Asked on 12/11/06, 2:49 pm

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Living Trust question

you need to retain an attorney to represent you. as you have already experienced, self-help (even with the "direction" of an attorney) often fails to accomplish the desired result.

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Answered on 12/12/06, 11:11 am
Scott Linden Scott H. Linden, Esq.

Re: Living Trust question

Our firm would be happy to assist, but in order for us to do so, you will need to come to our office for a consultation and sign a retainer. As with the other attorneys on the board, we can not give legal advice without proper documentation.

As your situation is already complex, merely providing advice or direction is not what you need; you need someone to take over for you.

Please feel free to contact our office and discuss this matter with Anthony Grossman, Esq. He is at the same number that is listed for me.

You can also learn a little more about the Probate process on our firm's site at www.No-Probate.com.

Scott

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Answered on 12/11/06, 3:02 pm


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