Mirror of Justice - All about Law and More
*Home>>>Estates Law

If an estate has a Revocable Trust, and that means there is no probate, what governing body controls this?


I am concerned that the Estate Atty and the Trustee are not behaving fairly since there are 3 benificiaries - the Estate is not going through Probate - so who controls the Estate Atty's behavior? He declares he is the Atty for the Trustee - and no longer considers himself Atty for the Estate I suppose. I am totally in the dark about this - isn't the Estate Atty obligated to speak for the Estate and all benificiaries? He is declaring he will be the Witness for the Trustee should the other benificiaries sue and declares the funds that were inherited will not be released until the other benificiaries sign a paper saying they will not sue and 2) has now stated the atty representing the Trustee will be the one to decide when the funds inherited are distributed. Who is in charge of this man? If this is unethical or illegal, who do those harmed complain to? Thank you for your consideration.

uh...until the will is filed for probate; there is no estate and no estate atty. You need to get an atty; or at least go to the probate court with the info you have and get an explanation to TAKE to an atty. if there is no probate; there are no beneficiaries TO file.

If the trustee has violated the terms of the trust, any beneficiary can sue the trustee for breach of fiduciary duty.

Suggestion: Read the trust; really understand what the terms are.

You can always report ethical charges against an attorney to the state bar.

Tags
  Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law
Related information
  • Estate Tax question....I think the PR made an error?

    How does this sound for a first step? Call, send a letter or email to the atty who sent you the papers what you think the error is and why you think there is an error. He should be able to quickl...

  • Life estate remainderman -- am I protected?

    When your dad died, the life estate died with him and the property passes as directly to you as the record title holder. A life estate is only good so long as the life-in-being, you dad, exists. If...

  • Real estate lawyer in San Jose, CA?

    One of the very best... Rossi Ronald R (known as Ron) 1960 The Alameda San Jose, CA 95126 (408) 261-4252

    ...
  • Estate law.....what if a child dies before the parents?

    The key is how the will is written. You could end up with a wide variety of results depending on the terms used. If the phrase 'Per Stirpes' is used, the estate will get divided based...

  • Probate and estate issue?

    Yeah her funeral will be about 10,000 I found that out when my sister died 3 years ago. Your mother owes 200,000 +. That is more than the total amount of her life insurance, bank accounts and so on...

  • What does "estate" include? Brother wants insurance, annuity proceeds for which I am beneficiary.?

    The money from the life insurance and annuity passes directly to the named beneficiary. An annuity is a life insurance product, issued by insurance companies (life insurance in reverse). Legally sp...

  • If 2 family members administer an estate with no will in NYC, is the amount of their fee set by NY statute?

    Here is some information: ...

  • Estate attorney in PA?

    Sounds like you need an estate planning attorney that is practicing in PA. I would start by looking at several sites. If you are looking for more information check out findlaw - great for informat...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster