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
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.
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Family Law Attorney
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.
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.
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Divorce / Separation Lawyer
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.
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Estate Planning Attorney
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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