Legal Question in Wills and Trusts in California

Scenario: Daughter and POA of fathers finances etc. Father (Grantor) feels there should be another person added so 2 people no what is going on. Needs to re-do Trust. Daughter hires an atty. Grandaughter will be added as 2nd person to the new trust. The new trust is not written up yet by the atty., but the atty. only communicates with the GR not the daughter who is still POA. Shouldn't the atty. have communicated with the daughter only since the new trust was not in place yet? Therefore the GR, legally. should not have received any info. from the atty?

UPSET


Asked on 9/28/09, 12:02 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You did not supply all the ilnformation I wanted asnd it still seems confused to me. Since the GD not yet a trustee and does not have POA, attorney should not be communicating with her at all; D should write attorney why she should not fire him and get all the money back paid to him, ater she speaks with GD to find out what is happening. F sjhould be told that there ils an obvious conflict between the two and he should select a third more neutral party because otherwise there will be a major family rilft. Is GD daughter of D? If so, F needs a third party because there will be a big fight, both will blame him, and his wishes will not be followed. If D really paying for the attorney she should demand an immediate copy of the entire file.

If the real facts are as you state them, then the attorney is cleary actlng incorrectly. I just do not see how those facts can be accurate and/or complete.

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Answered on 9/28/09, 12:49 am


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