Legal Question in Wills and Trusts in California

Re: Settling a Trust/Estate

I would generally agree with what Mr. Shers stated, most likely this is a completely legitimate situation. I would, however, clarify a couple of other issues. First of all, was the attorney serving as trustee also the drafter of the trust documents? If he was, then unless he falls under a small list of exceptions, he is prohibited from serving as the primary trustee. These exceptions include: 1) a court finds that it is ok for him to serve; 2) he is related to your father/mother; 3) the trust instrument was reviewed by an independent attorney who counseled your father and signed a "Certificate of Independent Review".

If it is the case that he was the drafter of the documents and does not fall under one of the previously stated exceptions, then I would be concerned and you should seek outside counsel.

The second thing I would state to you, is that in general an attorney serving as trustee cannot receive compensation for both services as an attorney and as a trustee. Unless a court approves dual compensation under Prob Code Section 15687. Basically, it generally should not happen.

Good luck, and I hope things work out for you.

Re: Settling a Trust/Estate

Look at the trust documents to see what it says about fees. Ask hiom for a deatailed accounting of what he has incurred in the way of expenses and fees now and what he anticipatese will be the amount in the future. He maynot be a s bad as you fear. Ask him why he wants to dealy until the late summer to sell the house and can it be reanted out in the meantime if that will not result in a potential loss from damage by the renter. The real estate agent would only be entitled to the standard commission [usually 6% in California, but you can try to have the attorney negotiate it down]. If they both have successful businesses why would they loot the assets and run off? Does the Trust document mention a bond?