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My mother had a lawyer to do a trust document ,but its not…

My mother had a...

My mother had a lawyer to do a trust document ,but its not notary signed and the bank will not except the estate check, because there are know trust account that was set up. so the document is incomplete I believe, so it makes me wonder about the whole agreement. she sign the contract the attorney client fee agreement he was paid out of escrow, now I don't here from him until I kept calling for 3weeks now he call me today to see if I wanted to get a retainer to deal with this check, but now he wants ME! to pay him "more" money out of my pocket. I need some answers I don't have a clue of what in the world is happening. is his job done in I'm stuck with an uncashed check?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is the whole contract not good what was her real wishes? the lawyer said she wanted my young niece to get full benefits of the estate and I'm the trustee my mom is deceased in august 2017. and she never mention this of my niece getting everything .I was also told I would get reimburse the money I have spent for my mothers funeral expensive

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Customer reply replied 6 months ago
still waiting for some answers.
Customer reply replied 6 months ago
how much is this fee $5 dollars then after you give an answer you bill me one time how much the $35 is that how it works?
Answered in 3 hours by:
1/19/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,022
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

,

I wanted to check to see if you got your billing questions answered by JustAnswer before we begin?

.

1. Did mother sign the trust?

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2. What is the check you are talking about from?

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3. Did mother pass away and have assets in her name when she died?

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4. If so, has anyone filed a probate case to settle her estate?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
mother passed away in august. the check is from my mothers house that was sold she also had account . the estate planner was the one kind of telling me what I need to do .in this is the out come now I don't here from either one. I never even laid eyes on the attorney. but I met the estate planner guy a few times at Mcdonald,s. no they didn't go through probate court they said it would take longer and be vary expensive. and no signature on the trust document' the bank asked for the part where mom was supposed to sign and it had no signature there, the estate planner said they must have lost the original document or some one took it, so do this mean that she never completed or may not wanted yet at that time. but they said its written in stone I never seen any written statement by my mom I'm going by what the estate planner told me.
Customer reply replied 6 months ago
the fee is $36

Ok, attorneys and financial planners don't attach themselves to a client for life... The do whatever job they were paid to do and then the relationship ends. If you want them to continue to work for you, you have to pay them to continue to do so.

.

So if an attorney prepares a trust or will, when he delivers it to the client and goes over it, his job is done. He doesn't come in and probate the estate once the client passes unless he is hired again by the estate to do that..

.

But if mother never signed the trust before she passed, it isn't legal.. People have to sign legal documents to make them binding and enforceable..

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If that is the case, then everything is still in her estate if it was in her name when she passed. So someone would have to file a formal probate case to settle her estate and be appointed as representative of the estate. Then that person could open an estate checking account to deposit money and checks into and use those funds to pay off any debts or bills or taxes that mother or the estate had and then eventually close the estate and disburse the remaining money to the heirs.

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Sounds like you got some incomplete advice from whoever you were talking to because they didn't explain what was necessary to complete everything.

.

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thanks

Barrister

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Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 6 months ago
What to do with the check that's supposed to go into an estate trust account. That don't exist.
Customer reply replied 6 months ago
The lawyer is the one who had the title company to fill the check out to the trust account, there is no trust account.
Customer reply replied 6 months ago
Can the lawyer change the
Customer reply replied 6 months ago
Can the lawyer change the title of the check with the escrow company

The attorney will have to reissue the check made payable to the estate if the house was in her name when she died..

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Customer reply replied 6 months ago
Unfinished business is what Im concern about, everyone's been paid except the trustees. All receipts where turnedi in When do the trustees get compensated. .

There is no trustee because there is no valid trust because mother never signed the trust to legally create it..

.

But the executor/Administrator of the estate would be paid out of estate assets and they would simply write out a check to themselves for their fee from the estate account..

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Please take a moment to rate my service as that is the only way I am compensated for my work.

.

.

thanks

Barrister

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Customer reply replied 6 months ago
Mother signature is on the agreement with the attorney a list of service he is to provide for her. With me as the trustee

That doesn't mean anything at all if she didn't sign the actual trust document... I can't make that any clearer.. If the attorney didn't explain that she had to actually sign the trust, then he dropped the ball here..

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Customer reply replied 6 months ago
now I'm left with an check thats only for moms trust account .which there is none..what can I do with the check

Again... as I mentioned earlier...have the attorney reissue it to the estate because he shouldn't have issued it to the trust in the first place as it never legally existed.

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,022
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 6 months ago
i asked the attorney and he sent me an email that i need to get an retainer from the courts and if i need his help i would have to pay wow! he,s been paid already

I can't imagine why you would need to retain him just to have him cancel a check and reissue it.. It sounds like he is trying to hold onto the money in his account as long as possible.

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And if no probate case has been filed, you would have to file one to be appointed as executor/Administrator over mother's estate so you would have the legal authority to demand that he turn over the money to you..

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.

thanks

Barrister

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Customer reply replied 6 months ago
no the title company came to my house in gave me the check, the lawyer know i have it at one point he was thinking to put it into their escrow account but now he comes up with some document that almost looks like the document that my mother did not sign i have the original copy no signature. the estate planner the lawyers leg man said 5mos ago, they didn't have the sign trust fund document "it must have been stolen, now he sent me an email of something that looks different from the original that i have ,its a signature on it with a notary sign. i don't know how he did that. he still don't assist in helping me with the issuing a new check other then the courts have to deal with it. i don't no if he is still working with this and the estate man i have not heard anything more . they don't call when i call they don't return my calls . so i don't know what to do .the bank is not accepting the check.

Ok, so were you the trustee named in the trust?

,

If so, go down to the lawyer's office and park yourself in his waiting room and demand a copy of the signed, executed notarized trust document. Then you can take that to a bank, open a trust account, deposit the check, and then withdraw the money to give to the beneficiaries.

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Customer reply replied 6 months ago
The bank said they would get back to me after I gave them the other documents that that lawyer email me with mother signature and notory signature on it.for the trust account. So that was yesterday she the lady at the bank called me back and told me she she has to confirm that document with her manager. For me not to do anything else just yet ,that was yesterday she said she would call me today and I haven't heard from her so I called the back this afternoon she was at lunch so I left a message with her could worker .So maybe I'll here from her tomorrow. Or Monday if not I guess I have to go to the courts.
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