Legal Question in Wills and Trusts in California
Responsibility of attorney who writes a trust
Question: What responsibility does an attorney have who writes or composes a trust? Reason for this is that my Aunt passed away and named me in her trust to receive a portion of her assets. I phone and asked him over a year ago when things were to be distributed he stated that the house was not sold yet and that needed to be done. Eventually it sold. I placed calls top him and he stated that the trustee would disburse the funds. I phoned several times and he did not return my phone calls. His secretary stated that he was looking into it. It has been well over a year now and I have given him plenty of time to figure this out. I phoned him several times as of late and he did not return my calls. This was very unprofessional. Finally he left a message on my machine and stated that he no longer represented his ex client and not to bother him nor call his office ever again.
This is very strange to say the least. I will talk to the bar concerning this, however I would like to understand his responsibility to those named in the document that he was paid to compose and represent for his client.
If you can assist it would be appreciated.
Thanks.
3 Answers from Attorneys
Re: Responsibility of attorney who writes a trust
The attorney is only there to help the trustee fulfill the requirements of the trust. It is the trustee's responsibility to do so.
Re: Responsibility of attorney who writes a trust
Sound like you have some problems.
The responsiblity for trust management lies with the trustee, not with the trustee's attorney. It sounds like the trustee has been flakey (or worse) and the attorney has quit or been fired. I would focus my efforts on the trustee's failure to administer the estate; perhaps you can force an accounting, removal or surcharge.
You can file a complaint against the attorney with the California state bar, but you haven't told me enough to give me reason to believe the attorney did something wrong. You should consider speaking with counsel to deal with the trustee's nonresponsiveness and while discussing everything, raise the issues about the attorney. If there are facts implicating the attorney in wrongdoing, you may have a claim against the attorney.
Good luck.
Re: Responsibility of attorney who writes a trust
You have nothing against the attorney and you may be creating a claim for harassment, slander, libel, and abuse of process against you -- as long as the trust is a trust which it appears to be. If I was the attorney I would sue you if you pressed that nonsense. You may have a claim against the trustee of the trust -- that is who is responsible to you via an ongoing obligation.
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