You are correct in assuming that a medical malpractice attorney will typically conduct some form of a cost/benefit analysis before accepting to represent the client. Where the act of malpractice is not obvious, the attorney will hire an expert to provide their opinion as to whether or not the doctor acted outside the standards of their profession. If the attorney determines that there is a malpractice claim, the attorney will want to figure understand what the damages were. In other words, as...
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You may want to look at Cal. Prob. Code 13100-13116. Simply put, California statute provides for ways to administer small estates without probate. The following links may give you a bit more information on achieving this: http://www.lasuperiorcourt.org/probate/pdf/transferform.pdf and http://www.saclaw.lib.ca.us/pages/affidavit-collection-property.aspx Good luck.
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Being that it has been 3 years since the accident, it may be to late for counsel to file suit if he has not already done so. You may want to send a written demand for your case files. An attorney has a duty to communicate with his clients and keep them informed. You could consider hiring another counsel to take over your case and to determine whether your current attorneys actions have prejudiced your claims in anyway. You may have a claim for legal malpractice.
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You should probably begin by sending a letter via certified return receipt, demanding a complete copy of the trust including any amendments be delivered to you. If this fails to work you will likely have to file a petition in Probate Court to compel the trust to deliver to the beneficiaries a copy of the trust. You should act with haste as trust properties to which you may have an interest in may be wasted each day that you delay. A trustee has a fiduciary duty to the beneficiaries.
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Here is the LA County Probate Court's website: http://www.lasuperiorcourt.org/probate/ Probate is a public court process. You should be able to get complete case information including a copy of the decedent's will if one existed. www.gokallaw.com
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You may want to take a look at California Civil Jury Instruction (CACI) for the elements a jury would have to find to succeed on a negligent entrustment claim. Below is a copy of the applicable jury instructions: 724. Negligent Entrustment of Motor Vehicle [Name of plaintiff] claims that [he/she] was harmed because [name of defendant] negligently permitted [name of driver] to use [name of defendant]'s vehicle. To establish this claim, [name of plaintiff] must prove all of the following:...