QUESTION
Does the attorney my mother hired to handle her trust have to be professional with the benificiaries?
Asked on Sep 02nd, 2013 on Trusts and Estates - California
More details to this question:
Basically my mother before she passed away, hired an attorney to handle her trust. Now since we need to handle the trust we have to deal with her and she is in my opinion been very rude and unprofessional. My question is how is she expected to be when dealing with all of the benificiaries? Is she supposed to answer are questions? Is she supposed to be honest and forthcoming? I am a bit confused when she says she is not our attorney but yet she has to deal with us due to my mom hiring her for her trust. I basically would like to know what it is that she is supposed to do for us while handling and distributing our mothers trust, because I do not feel she is doing her job. However, not knowing what her legal obligations are to us I could be wrong. Any input you can give me would be greatly appreciated. Thank-you
2 ANSWERS
Lily L. Huang
You should find out in what capacity is this lawyer acting as, an executor or a trustee. There are certainly fiduciary duties owed to those benefiting from a trust. Rude and unprofessional acts are subjectively determined, if she's indeed not carrying out the trust as your mother planned, or taking advantage of beneficiaries by not disclosing what they are gifted or provided for under Trust/Will, that's a legal matter.
Answered on Sep 02nd, 2013 at 9:52 PM
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Is the attorney named as the trustee? If not, that attorney is not obligated to do the trust transfer. If she is the trustee, she is obligated to comply with the terms and conditions of the trust in making the distribution.
Answered on Sep 02nd, 2013 at 9:47 PM