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

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. 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.

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  2. 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. ***************************************** 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!

  3. 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.

  4. 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.

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