The chipped porcelain doll lay face down in the dust, a silent witness to years of family history. Old Man Tiberius, a recluse and collector, had finally passed, leaving behind a trust as tangled as the ivy choking his Victorian home. His niece, Clara, was the trustee, but she hadn’t a clue where to begin, or who to trust—a grim irony, considering the circumstances. The weight of responsibility, compounded by a vague and poorly drafted trust document, threatened to overwhelm her, and the beneficiaries were beginning to murmur their discontent.
What recourse do I have if my trust attorney makes a mistake?
When engaging a trust attorney, you enter into a contractual relationship governed by professional responsibility rules and general contract law. If your attorney commits malpractice – meaning they fall below the accepted standard of care, resulting in financial harm – you have several avenues for recourse. “The standard of care is not perfection,” explains Steve Bliss, an estate planning attorney in Moreno Valley, California, “but reasonable competence and diligence.” This could manifest as improper drafting of the trust, failure to properly advise you on tax implications, or mismanagement of trust assets. Typically, you would initiate a malpractice claim by first gathering evidence of the error, such as the flawed trust document, correspondence with the attorney, and documentation of resulting financial losses. Consequently, you might engage a legal expert to review the case and provide an opinion on the attorney’s liability, and possibly file a complaint with the State Bar of California. Furthermore, attorneys carry professional liability insurance, which can provide a means of recovery even if the attorney is retired or deceased. However, proving malpractice can be challenging, requiring expert testimony and detailed financial records, and often necessitates a significant investment of time and resources; approximately 3-5% of all legal malpractice claims are successful.
Can I sue an attorney for breach of fiduciary duty?
An attorney acting as trustee or in a similar fiduciary role has a legal duty to act in the best interests of the beneficiaries. A breach of this duty—such as self-dealing, conflicts of interest, or failing to adequately manage trust assets—can give rise to a lawsuit. Notwithstanding the complexities, establishing a breach requires proving the attorney prioritized their own interests over those of the beneficiaries. For instance, if an attorney, acting as trustee, improperly invests trust funds in a business venture they have a personal stake in, that could be considered a breach. Ordinarily, the beneficiaries would need to demonstrate that the breach caused direct financial harm. Steve Bliss emphasizes that beneficiaries have the right to request accountings and access to relevant documents to monitor the trustee’s actions. “Transparency is key,” he explains, “and beneficiaries should not hesitate to ask questions or seek legal counsel if they suspect wrongdoing.” Moreover, California law provides specific remedies for breaches of fiduciary duty, including surcharges, removal of the trustee, and equitable accounting. It’s estimated that around 15% of trust and estate disputes involve allegations of breach of fiduciary duty.
What if my attorney doesn’t communicate with me?
Communication is paramount in any attorney-client relationship. If your trust attorney consistently fails to respond to your inquiries, doesn’t keep you informed about the progress of your case, or is otherwise unresponsive, that could constitute a breach of professional conduct. While attorneys are often busy, they have an ethical obligation to maintain reasonable communication with their clients. Steve Bliss highlights that California Rule of Professional Conduct 1.4 specifically requires attorneys to keep clients reasonably informed about the status of their matter. “A client has the right to know what’s happening with their estate plan or trust administration,” he says. Consequently, if communication breaks down, you should first attempt to resolve the issue informally, perhaps through a written request or phone call. If that fails, you can file a complaint with the State Bar of California. Furthermore, consistent lack of communication can be grounds for terminating the attorney-client relationship. However, it’s essential to document all attempts at communication and the attorney’s responses, or lack thereof, to support any subsequent claims. It’s estimated that around 10% of client complaints to State Bars relate to communication issues.
What are my options if I disagree with my attorney’s advice?
It’s perfectly acceptable to disagree with your attorney’s advice. You are not obligated to follow recommendations you don’t believe are in your best interest. However, it’s crucial to discuss your concerns with the attorney and understand the potential consequences of rejecting their advice. Steve Bliss suggests that a good attorney will explain the reasoning behind their recommendations and explore alternative options. “A collaborative approach is essential,” he says. Nevertheless, if you remain unconvinced, you have the right to seek a second opinion from another attorney. Moreover, you can terminate the attorney-client relationship and retain new counsel. However, it’s essential to do so properly, providing written notice and ensuring a smooth transition of your case. It’s important to remember that while you have the right to make your own decisions, you are responsible for the consequences of those choices. Therefore, carefully weigh your options and seek informed advice before proceeding. Approximately 20% of clients will seek a second legal opinion on complex estate planning matters.
Old Man Tiberius’s niece, Clara, initially overwhelmed by the tangled mess of his trust, eventually found clarity with a new attorney. She’d meticulously documented the previous attorney’s inaction, and the new counsel quickly identified several crucial errors. The process wasn’t easy, but with diligent work and clear communication, Clara successfully navigated the complexities, honoring her uncle’s wishes and providing for the beneficiaries. The chipped porcelain doll, dusted and placed on a mantelpiece, seemed to smile, a silent testament to the power of sound legal guidance and a well-administered trust.
About Steve Bliss at Moreno Valley Probate Law:
Moreno Valley Probate Law is an experienced probate attorney. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Moreno Valley Probate Law. Our probate attorney will probate the estate. Attorney probate at Moreno Valley Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Moreno Valley Probate law will petition to open probate for you. Don’t go through a costly probate call Moreno Valley Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Moreno Valley Probate Law is a great estate lawyer. Affordable Legal Services.
His skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
A California living trust is a legal document that places some or all of your assets in the control of a trust during your lifetime. You continue to be able to use the assets, for example, you would live in and maintain a home that is placed in trust. A revocable living trust is one of several estate planning options. Moreover, a trust allows you to manage and protect your assets as you, the grantor, or owner, age. “Revocable” means that you can amend or even revoke the trust during your lifetime. Consequently, living trusts have a lot of potential advantages. The main one is that the assets in the trust avoid probate. After you pass away, a successor trustee takes over management of the assets and can begin distributing them to the heirs or taking other actions directed in the trust agreement. The expense and delay of probate are avoided. Accordingly, a living trust also provides privacy. The terms of the trust and its assets aren’t recorded in the public record the way a will is.
Services Offered:
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Map To Steve Bliss Law in Temecula:
https://maps.app.goo.gl/KaEPhYpQn7CdxMs19
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Address:
Moreno Valley Probate Law23328 Olive Wood Plaza Dr suite h, Moreno Valley, CA 92553
(951)363-4949
Feel free to ask Attorney Steve Bliss about: “What is a pour-over will and when would I need one?” Or “Can family members be held responsible for the deceased’s debts?” or “Will my bank accounts still work the same after putting them in a trust? and even: “What is a bankruptcy trustee and what do they do?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.