Legal Question in Wills and Trusts in California
I am a trustee of a trust that is in litigation in probate court. I have a pending arbitration appointment for a prior attorney who tried to sue me for the money that is held in escrow until distribution. The judge allowed continuance for two months to prove that I paid for the arbitration and an appointment. In the meantime, we have a final distribution coming up. My question is, can that attorney do something or file something to prevent my share of the distribution at our upcoming hearing?
2 Answers from Attorneys
if you are in this situation without a lawyer, you should get one asap
I assume the distribution is from the trust that is in litigation.
If the amount of the claim is fixed, then it is possible for your former attorney to block the distribution in the amount of his claim. If there is an excess, than that amount can be distributed.
If you are representing yourself and the other side has a lawyer, you are not playing on a level field. I strongly suggest you retain counsel on at least a limited-representation basis to provide assistance.
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