Legal Question in Wills and Trusts in California
Should I sue the lawyer and his paralegal?
My father and his wife had living trusts and wills They had a 120,000 in 3 banks, which was not mentioned in either will. I would of been Attorney in fact on both. Basically, I could of conserved the $120,000 for us heirs. My father died. My disgruntled sister hired a paralegal and brought his wife along. His wife had been suffering alzeimers related dementia and the paralegal and attorney knew. They drew up a new will sending 1/2 to some dog shelter and 1/2 to a church. The paralegal billed my dads estate 4 months later for their disservices. Should I sue them for $60,000 for screwing things up?
2 Answers from Attorneys
Re: Should I sue the lawyer and his paralegal?
The factual situation presented by your question is too confusing for us to understand exactly what the situation is. What you really need to do is have an attorney review all of the estate documents before rushing out and filing a lawsuit. Sometimes these documents containing no contest clause and you need to have that reviewed before determining the proper course of action.
Re: Should I sue the lawyer and his paralegal?
There are several issues that are raised by the facts that you have given. I do not know whether the first step would really be to go after the lawyer and paralegal or seek to have the will invalidated.
I would have to sit down with you and review the situation as well as all documentation. You would not want to take a course of action based on limited information where you and your family members would end up in worse shape than had I known the full set of facts.
You can call me, J. Caleb Donner, 805-494-6557.
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www.donnerlaw.com