The attorney for your brother represents your brother, not the heirs or beneficiaries. Why the delay? You will have to ask your brother to make things clearer to you. When your parent passed the conservatorship “ended” but the court will still not release your brother from liability until certain reports and accounts are filed and approved. I assume that is the reason for the delay in the distribution.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
I agree with Attorney Daymude. I would simply indicate that it may very well be possible for the same attorney to represent the conservator and the heirs under a revocable trust. Since it appears from your number of questions that the delays are your major concern, you should consult with a CA probate lawyer and learn more about the process. You can often get an initial consultation for no charge.
***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!
The previous answers provide a good bit of input regarding your concerns. Let me add that though the attorney DOES represent your brother solely. Assuming, however, that your brother is the trustee of the trust in question, his FIDUCIARY duties extend to all of the beneficiaries of the trust, including you. As such he can be held personally liable for any wrongdoing that damages your interest. That having been said, trust administration can take longer than one might like. The reassessment by the SD assessor does not sound unusual; though you likely have an exemption that the attorney should explore. Filing of forms is very normal, even with a trust. I suggest patience here. Unless you have some reason to doubt the integrity of your brother and his attorney, you will receive your inheritance in due course. When received, you will likely get an accounting showing the disposition of all funds and can then decide if you've been treated fairly. Hope this helps.
The question in bold is not reasonably derived from the body of your post and, thus, I am ignoring it as in error. It appears to me that you asked a more recent question. I answered it and that should suffice except that I'll add here that the Court's file(s) on this case will make clear whether "an atty assigned who represents ALL the heirs" and the Clerk is paid to help you figure that out. Good luck.