Skip to main content

Can I sue a lawyer?

Walnut, CA |
Filed under: Trust beneficiaries

A lawyer has had money in a Trust since 2008 for a family member. This member passed away in 2008. I was this member's Conservator of the Estate. Once I notified the lawyer of his/her passing she only issued one check from the Trust and told me that the rest of the money would follow. All of the bills had been paid. I have tried several times to contact her and have had no response. She is listed with Avvo. I send an e mail through Avvo and still no response, I have fax, called and more e mails. I have a letter from the lawyer that states the amount due to me as while as that her fees and all of the bills have been paid. There is more to this but at this point I hope you can help. Thank you

Attorney Answers 3


The "more to this" might be important. It is not clear what the trust specifies in the event of the beneficiary's passing. It is possible that probate might be needed, for example. In any event, what I would suggest is that you contact the lawyer, IN WRITING, and give her a reasonable deadline to wrap things up. If the lawyer does not comply with this request or offer a reasonable explanation for her inability to do so, then you should consult with your own lawyer as to how best to proceed.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Mark as helpful

2 lawyers agree


It is difficult to advise you because this lawyer is not your lawyer. The lawyer represents the trustee, unless the lawyer is also the trustee. The other issue is that a conservatorship ends on the death of the conservatee. It appears you may not have standing to receive any other money on behalf of the family member. You really need to consult an attorney who can review all of the facts with you and advise you further.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

2 lawyers agree


Are you stating that you personally are a beneficiary of the trust and are personally due funds that are in the possession of the attorney?

If so consider sending a demand by certified mail. If you get no satisfaction a call to the State Bar would be in order.

Mark as helpful

1 lawyer agrees

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics