My brother was involved in a car accident that ultimately killed our mother the same day. The police could not determine which driver was at fault. I am the Trustee of our Mother's Trust and also one of 7 beneficiaries along with my brother. My question is do I need to get an Attorney to protect the Trust. Money will be distributed shortly to the beneficiaries but I am keeping a reserve for expenses that may arise. My brother opted not to get an attorney. He feels the insurance company will "handle it". I want to protect the Trust and myself as Trustee. Do I need to retain a lawyer and specializing in which Law? Thank you for your advise.
Start by timely reporting this to the insurance company/ies. Based upon your concerns, a conversation with the attorney who drafted the trust and/or CA personal injury counsel seems reasonable. Very sory for you loss.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Yes it should have counsel
That same counsel may be able to represent you Mother’s estate
In a wrongful death law suit
Very sorry for this tragic situation. As trustee, you have the right and probably the duty to consult with counsel regarding trust administration. Technically, a trust is sued by suing the trustee. You should consult with experienced personal injury counsel. It may well be that insurance is adequate, but that is a complex evaluation. From your question, it is not clear that there is trust liability, as opposed to liability on the part of your brother.
I have several questions. Was the car being driven by your brother for the purpose of performing a service for your mother, which is the one way I can imagine your mother being liable for any damage caused by your brother. Who owned the car? and ow much coverage is there on the car driven by your brother? Both primary and excess on the owner and any other coverage owned by your brother. What damage did the other party suffer? As for protecting yourself as Trustee, in the absence of your wrongdoing you don't need a lawyer. You can and should hire an attorney with personal injury experience to analyze the nature and extent of the liability and damages for this event and whether the existing coverage is sufficient to satisfy any potential claim for damages caused by your brother's driving which would be the responsibility of the estate, keeping in mind that the liability for an owner if capped at $15,000/$30,000 under /California law. Onward, Richard Alexander
Yes, you should consult two attorneys. One regarding personal injury and liability of the parties and you should also consult the trust attorney.
No attorney-client or confidential relationship is created through this communication. Answers to questions are for educational purposes only. All facts and circumstances have not been fully examined and different or more nuanced legal principles may apply. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline