Legal Question in Wills and Trusts in California
Trustee fees
I was assigned in court as my mothers trustee of her estate, and my mother passed away 10 days ago...I do not like or trust my mothers lawyer who was my brothers lawyer (he was the trustee of my mother)and never advised I was entitled to trustee fees and would like to use my own lawyer.
Since I am now the one handling these final arrangements, can't I use who I want and dismiss my mothers former attorney? Thank you
2 Answers from Attorneys
Re: Trustee fees
The trustee or executor has the right to hire any lawyer he or she wishes to represent the trust or estate. It's the trustee that should enter into a fee arrangement agreement.
Re: Trustee fees
The trustee is usually free to choose her own attorney, and is generally not bound to use the previous trustee's attorney.