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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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Is there an attorney in CA or OR that will send a demand

Customer Question

Is there an attorney in CA or OR that will send a demand letter to the trustee requesting that funds be dispersed from the trust account as the trust states? The will states that there are about 6 savings and bank accounts and mentions a life insurance policy that my husband is entitled to 25% of. The trustee read the will wrong and thinks payouts can't be made until age 55, so now she is holding onto everything. All bills have already been paid out of the estate and the only thing left is to sell the house, so there is no other reason to not send the funds.
Submitted: 1 month ago.
Category: Estate Law
Expert:  socrateaser replied 1 month ago.

NOTICE: If you are presented with an offer for a phone consultation, which may appear to have been sent by me, please know that this is an automated website offer, and that I do not participate in this Justanswer program. If you would like to correspond with me directly, whether by phone, email or otherwise, then do not accept the phone call offer, because your request will be accepted by a random contributor, who may or may not be licensed to practice law in California – and, I will be unable to provide further assistance. Instead, simply type to me that you would like my direct contact info, and I will send you a specific offer for that purpose.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

I'll be happy to represent you in your negotiations with the trust of the estate. However, as this is a bona fide legal service, we would have to take the matter offline and enter into an attorney-client relationship. Also, I'll need to review the case facts, so that I understand the underlying issues.

If this is something you're interested in doing, please let me know, and I'll send you a premium services offer.

Thanks for using Justanswer!

Customer: replied 1 month ago.
Hi there. Thank you for your quick response. I was told that there normally isn't a fee when asking for a demand letter. We have no funds, just trying to get this done right.
Expert:  socrateaser replied 1 month ago.

I don't know who told you that, but I must respectfully ***** ***** that opinion. As a lawyer, it would be incompetent of me to threaten someone with a demand letter unless and until I thoroughly understand the facts of the case. I could lose my license to do otherwise.

Of course, there may be some very generous lawyer out there who is willing to donate their time to your circumstances. But, if you want me to do that, you would have to show that not only is your cause extraordinarily important, but also that you are effectively indigent (no assets, no job, living on public assistance).

I note that you're asking one of the contributors who is licensed to practice law in Texas about writing your own demand letter. No one can ever afford an attorney -- until they actually need one, and then they can't afford to be without an attorney. From your comments, my guess is that you haven't reached the point where you realize that you need a lawyer. If that situation, changes, feel free to let me know, and I'll be happy to send you the premium services offer.

No pressure, either way. Thanks for using Justanswer!

Customer: replied 1 month ago.
I thought that selecting Oregon would get me someone in that area. I apologize for the confusion. Thank you.
Expert:  socrateaser replied 1 month ago.

I understand. Best wishes with your legal difficulties.