Legal Question in Wills and Trusts in Missouri

Lawyer sold us out

May 29, 2003 my 17 yr old son was killed. One week earlier his daughter was born to ex-girl who had married another boy to keep my son from the baby. She put husband as father. After my son killed she filed a wrongful death. Without notifying us or consent DNA was done. Our lawyer double talked us and didn't do as we asked or he said he would. The 85,000 awarded my granddaughter was suppose to be in a trust for her 18th birthday. I have found out that the lawyer even lied about this. Isn't there anything we can do since we were not represented properly?


Asked on 11/23/04, 3:47 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Lawyer sold us out

Ask your present attorney for another accounting of what has occurred with the case(s) and what they plan or expect to happen. Then if you are not satisfied, get another attorney. But, before you do, give the present one a chance to understand your frustration and retain your trust. Probate law is archaic, for something that is almost entirely statutorally directed. The complex web of Missouri Probate Statutes, Family Court custom and practices, and banking regulations, make it very tough to explain the process and limitations to lay persons. It takes attorneys many frustrating hours to navigate the system for their clients, yet they are still duty bound to keep their clients informed.

If your present or past attorney cannot retain or regain your trust, then do not hesitate to seek other counsel. Fortunately, you have not provided enough information for someone on this list serve to directly answer your (What can we do about our grandchild's case?) question. Since it appears you may still be represented by this other attorney, we are precluded from givng you advice about the underlying case. The Supreme Court frowns on giving second opinions like one might seek from another doctor after heaing bad news from their first one. You should keep in mind that there are statutes of limitation that control nearly any action you may have available to you now. You might ask yoru attorney when the statute runs on the various options they give you, so you can understand how quickly you may need to act, or if you can help to make some decisions.

Good Luck,

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Answered on 11/23/04, 2:21 pm


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