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The trustee of my grandmothers estate in which I am a beneficiary has hired lawyers that are not being honest

San Leandro, CA |

one lawyer the trustee hired gives an address as his mailing address and then says in court that it is not the right address. After the hearing we go back outside and he gives me the same address. I see on Avvo where he has a history of this and that there is a second address that he uses. I now serve him at both addresses The second attorney in probate states that a house in San Leandro CA [Alameda county] is in Contra Costa County in order to change venue and when I responded to him that he was being less than honest he convinced me that the venue change was not an issue and asked to please not call him a liar. I didnt file what he was served and the venue change was a issue How can I get the trustees attorneys to play fair or at least stop telling lies to me

I am trying to find out if the rules of the court extend to lawyers and if so do the rules of the court protect the general public from telling bold face lies in court

Attorney Answers 5


  1. First you need to hire an attorney. Second, you can check the state bar website for the attorney's address http://members.calbar.ca.gov/fal/MemberSearch/QuickSearch. Third, never trust opposing counsel on any issue until they prove you can trust them. The Trustee's attorney and the Estate's attorney do not represent you.

    As far as truth, have the attorney put under oath in court. If the trustee intentionally misleads the court, the court could pursue perjury charges if it finds the misrepresentation relevant.

    In addition, you should document everything and try to get representations made in writing. Your word against the attorneys is not a position you want to be in if there are no witnesses.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  2. You might need to hire your own attorney to protect your interests here.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. I agree with my colleagues and particularly, Mr. Shultz. You need your own attorney to assist you and to take the other attorneys to task if they are being less than truthful. Always keep in mind that the attorneys for the trustees represent THEM and not the trust or its beneficiaries.

    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!


  4. The attorneys are acting on behalf of the trustee and you need to file with the court and ask for removal of the trustee, perhaps you should be named in his or her place and you can select a new credible attorney.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  5. I agree with the other answers. Plus, are there other heirs affected by the "dishonesty" or who have interests similar to yours? Perhaps you all can jointly hire an attorney to assist you. Also your own attorney will help you prioritize the issues you should be dealing with and avoid your perhaps focusing attention of matters of lesser importance. this can very important in getting the judge to listen to you about important matters that materially effect the outcome relevant to you.

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation

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