Problem getting info from our family's trust lawyer, can you answer a few questions?

Asked over 2 years ago - Oakland, CA

- both parents have now passed.
- Mom passed 8 months ago.
- 2+ months after her death the lawyer filed letter stating anyone with a claim against the estate has 120 days to file.

Questions:

- this lawyer never responds to the executor or any of the trust receipients questions, doesn't return calls, or emails... this isn't normal is it?

- how long after the 120-days has passed should we expect him to disperse the funds in the trusts?

- can we demand he give us a date for the pay-out and if he misses it, should we get another lawyer to handle the trust?

- if we do will we have to go thru the 120-day process again?

Attorney answers (3)

  1. David L. Carrier

    Pro

    Contributor Level 18

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    Best Answer
    chosen by asker

    Answered . Since you are represented, let's treat this as wholly hypothetical, shall we?
    OK!
    Q: [If a] lawyer never responds to the executor or any of the trust receipients questions, doesn't return calls, or emails... this [wouldn't be considered] normal [would] it?
    A: No. The most common inspiration for bar complaints is lack of communication. And what we have heah, is a failyuh to communicate!
    Q: "how long after the 120-days has passed should we expect him to disperse the funds in the trusts?"
    A: That depends, just because the "unknown creditor" period has expired, there may be many reasons that would delay payment of trust assets to the ultimate beneficiaries.
    Q: "[If we demanded that the Trustee] give us a date for the pay-out and if he misse[d] it, should we get another lawyer to handle the trust?"
    A: It's not clear to me why you don't have other counsel already.
    Q: "- if we do will we have to go thru the 120-day process again? "
    A: No.

  2. Paul Gerard Minoletti

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . I expect that the lawyer will respond to an attorney that writes on your behalf.

  3. Cecilia A Tsang

    Contributor Level 11

    Answered . I agree with the previous answers. Generally, If you have retained an attorney, that attorney is not responding to you and you are unhappy with the progress, you should consult with another attorney.

    This does not constitute legal advice nor does it create an attorney-client relationship.

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