Can I sue a lawyer?

Asked over 1 year ago - Walnut, CA

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)

  1. Michael Raymond Daymude

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. Theodore Michael Hankin

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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.

  3. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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. ******... more

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