Can the same atty handling Conservatorship also represent heirs in the Revocable Living Trust after death of conservatee?

Asked almost 2 years ago - San Diego, CA

I'm not the Trustee or Executor & am unclear if there's an atty assigned who represents ALL the heirs? Parent passed away-4/12 & house in CA sold -10/'12. The conservatorship was supposed to be "closed" at this week's hearing. Brother's atty notified him it wasn't & another hearing scheduled - TBD. Now SD Assessor wants to re-assess house sold from time of parent's death to its sale -as an inheritance?; court examiners are requesting more documentation & brother mentions some other form to file? Sale from house - as stated in Rev. Liv. Trust- is to be divided amongst heirs! Why the delays when parent had Rev. Living Trust made with an atty present? I am unemployed & unable to afford an atty to find out if all is getting done correctly AND promptly for best interest of ALL heirs. Ty!

Attorney answers (4)

  1. Michael Raymond Daymude

    Contributor Level 20


    Lawyers agree

    Answered . The attorney for your brother represents your brother, not the heirs or beneficiaries. Why the delay? You will have to ask your brother to make things clearer to you. When your parent passed the conservatorship “ended” but the court will still not release your brother from liability until certain reports and accounts are filed and approved. I assume that is the reason for the delay in the distribution.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Steven Matlin Greenwood

    Contributor Level 12


    Lawyers agree

    Answered . The previous answers provide a good bit of input regarding your concerns. Let me add that though the attorney DOES represent your brother solely. Assuming, however, that your brother is the trustee of the trust in question, his FIDUCIARY duties extend to all of the beneficiaries of the trust, including you. As such he can be held personally liable for any wrongdoing that damages your interest. That having been said, trust administration can take longer than one might like. The reassessment by the SD assessor does not sound unusual; though you likely have an exemption that the attorney should explore. Filing of forms is very normal, even with a trust. I suggest patience here. Unless you have some reason to doubt the integrity of your brother and his attorney, you will receive your inheritance in due course. When received, you will likely get an accounting showing the disposition of all funds and can then decide if you've been treated fairly. Hope this helps.

  3. Robert Andrew Michael Burns

    Contributor Level 18


    Lawyer agrees

    Answered . The question in bold is not reasonably derived from the body of your post and, thus, I am ignoring it as in error. It appears to me that you asked a more recent question. I answered it and that should suffice except that I'll add here that the Court's file(s) on this case will make clear whether "an atty assigned who represents ALL the heirs" and the Clerk is paid to help you figure that out. Good luck.

  4. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . I agree with Attorney Daymude. I would simply indicate that it may very well be possible for the same attorney to represent the conservator and the heirs under a revocable trust. Since it appears from your number of questions that the delays are your major concern, you should consult with a CA probate lawyer and learn more about the process. You can often get an initial consultation for no charge.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

Related Topics

Inheritance rights and estate planning

Inheritance rights refers to the rights most states give to a spouse (and in some cases, children or grandchildren) that prevent you from disinheriting them.

Revocable trust

A revocable trust is one that you can change, remove property from, or even revoke entirely at any time. Often, the trust maker is also the initial trustee.

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