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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I am a co-trustee of a trust in San Diego California. Its

Customer Question

I am a co-trustee of a trust in San Diego California. Its been over a year since my parent died and I have not been able to settle the estate due to a breach of fiduciary duty by my co-trustee. My attorney seems to have abandoned the case. He has not communicated to the opposing attorney a proposal I made over a month ago to move the trust forward, and tried to give my position away to the other attorney which caused me to write a response letter for him which he reviewed. I paid him a modest retaining of a few thousand dollars up from, but nothing since. The estate is $1.8M in size. I need some advice about what to do about this situation, and whether I owe him attorney fees since he appears to have abandoned the case.
Submitted: 10 months ago.
Category: Estate Law
Expert:  Loren replied 10 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Customer: replied 10 months ago.
Thank you. I need some advice on how to handle this situation.
Expert:  Loren replied 10 months ago.

Not only do you not owe the attorney fees, you may have a malpractice claim to assert against the attorney to recover any damages you may have incurred.

You can also file a disciplinary complaint against the attorney with the California Bar.

Expert:  Loren replied 10 months ago.

An attorney can not just abandon your case without notice.

Expert:  Loren replied 10 months ago.

I attempted to accept your phone call request and received the following message:
"Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation."

If you can resolve the problem (it is usually a matter of confirming with your bank or credit card that the charge is authorized) I look forward to speaking with you.

Expert:  Loren replied 10 months ago.

You should send a letter to the attorney discharging him for nonperformance and demand the return of any documents you provided and any unused retainer you provided.

You can retain a new attorney or present your settlement letter yourself to the other attorney.

Customer: replied 10 months ago.
Well the credit card I used is correct since I used it yesterday. Not sure what the problem is.
Expert:  Loren replied 10 months ago.

Sometimes it is just a matter of confirming the charge with the bank.

Customer: replied 10 months ago.
Ok I'll try to fix this with the credit union. Will probably take to tomorrow. Sorry.
Expert:  Loren replied 10 months ago.

We can continue online if you want.