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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9329
Experience:  attorney at self
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My mother has been under a court appointed conservatorship

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My mother has been under a court appointed conservatorship and had a bank as a trustee for over 20 years. The original bank went under during the banking crisis and a new bank acquired them and took over as the trustee- the trust was set up in the Los Angeles Superior court. The current bank wanted to sell her home and when the beneficiaries opposed they resigned. ( they have also made very bad business transaction that have cost my mom estate money). To date petitioning to resign they have billed my mother estate 27,000 -I am the successor trustee and paid for my own attorney fees to prevent my mother more legal expense. My mother is 83 years old and I think she is being taken advantage of. Together we have spent almost 40,000 dollars in legal expenses. Hers is almost triple mine .i believe. They are taking advantage of the situation is there anything I can do to fight the outrageous expense? I know there fees are 450/hr but I think they are consulting on other matters not related to the resignation how can I be an advocate for my mom
I am sorry to hear this.

Are you being appointed as her conservator?

Have the lawyers filed a motion for fees, or just sent bills?
Customer: replied 4 years ago.
I paid my own attorney fees which today's to date has been $12000 dollars my lawyer has not given me a summary to date my mom has paid &27,000 dollars cost which include the court fees of 769 dollars. There was two separate cases and the resignation of the trustee was the only case the attorney for the trustee was involved in. I did go to court to take over as conservator and she was appointed a court appointed attorney who submitted a detail summary of his services which was reasonable at $1875 . The current trustee just has been noting payment on her monthly statement but state I can not have a detail summary as this is attorney client confidentially -so I have no idea why the fees were so high. My mother is the victim though - so not only have they done poor in investment they are taking advantage in the end with attorney fees , I need away to help but to date I have spent over 20000 dollars in attorney fees and related expenses and she has done the same I think it is a shame that she is being taking advantage of
Please clarify if you were appointed as conservator of the person, conservator of the estate, or both.
Customer: replied 4 years ago.
I was appointed conservator of person and estate on may 9 in Pomona court and in the trustee case in Los Angeles court AprilXXXXXaccepted us bank resignation and approved me to be trustee as well. I took over conservator from another family member who resigned as well . In the trustee case only bills have been submitted and paid for to the trust account which us bank still handles as still awaiting the court order s in both cases. No approval for fees was submitted in the trustee resignation the bank has just been paying there attorney fees from the trust account I believe she is being taken advantage as we have no clue what the payments entail again 27000 dollars and rising for them resigning
As Conservator of both the person and the estate, you have the right to demand an accounting from the attorneys and the right to demand fee arbitration if you feel the fees were excessive. Since the lawyers are claiming you do not have that right, can you have your mother sign a letter to them stating that she wants you to review the bills and timesheets?
Customer: replied 4 years ago.
What is the process to demand fee arbitration
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