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I don't understand why you even do a living trust with an attorney when you pass away the attorney does nothing

Torrance, CA |

My dad had a living trust that he did with an attorney and I am sorry to say but the facts don't lie in a coma he is not able to change a living trust to were his wife and her two kids get everything.. I have tried to talk to the attorney who was the one who wrote it and he seems to have nothing to say. so really an attorney gets money to write a trust then when you die gets offered more money to over look things and yet probate takes years and that's even if you have the money to hire someone. Why when it goes to court doesn't the judge or anyone really look at the paper work to see if any fail play is going on? because as long as you have an attorney they know what to say to make it all look good. Dead or alive it's all about money I wish one attorney did it on the belief of what true

Attorney Answers 3

  1. Sorry for your bad experience.
    It might be the attorneys fault -but it
    could the wishes of the client or it could be the client's
    actions in not funding the trust.
    I don't think it is always 100% one way or the other.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

  2. It is clear you are very frustrated, and I am sorry for that. What is not clear is what happened and why. If your father was in a coma, of course he could not change his trust as he would not have legal capacity to do so. If that happened, I am sure you can find an attorney to help you if you were wronged by that action. If there is an attorney who will not help, and it is because the attorney drafted the trust, it may be because the attorney has a conflict of interest and cannot help. If you believe you have been wronged, find an attorney who will give you a free consultation and at least find out if something bad happened or if it is just they way it goes. At least at the end of that discussion perhaps you can find some peace and let go of some of the anger. Good luck to you.

  3. I'm sorry for your loss. So long as the attorney drafted the Trust per your Dad's wishes - and then your Dad executed the Trust, it reflects his instructions and wishes. At the death of the Grantor, the Co-Trustee (his wife???) or the Successor Trustee whom your Dad selected would then take over and make distributions of the Trust assets without the need for Probate. If you Dad 'forgot' to put something into the Trust, then the Pour-Over Will could control its Distribution so that the distribution to beneficiaries is exactly in accordance with his written Trust instructions. Sounds as if your beef is really with the failure of the Successor Trust (which your Dad appointed) to step up to the plate. If need, replace the previous counsel with a new one - but the Successor Trustee is who your Dad wanted in charge at his demise. The attorney's role at this point is to assist the Successor Trustee in fulfilling your Dad's wishes. Good Luck.

    My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.

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