why cant my lawyer give my documents to the trustee

by Shanna White Published 3 years ago Updated 2 years ago 7 min read

The answer is not really a legal one. It has more to do with your family dynamics, living situation and trust level. Our favorite approach: give copies to everyone who will be affected. That would usually include your children, the agents named in your powers of attorney, your successor trustee — pretty much everyone.

Full Answer

Can a lawyer be a trustee for a client?

Jun 28, 2015 · Perhaps it's time to have a sit-down with the Attorney. If you find this answer helpful, please mark it here on AVVO as helpful. My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.

Why won't my attorney give me a copy of my file?

May 21, 2019 · For instance, the drafting lawyer might be the best person to serve as the trustee in the client’s will or trust because the lawyer knows the terms of the will and trust better, probably, than anyone else, including the client. The lawyer’s legal and ethical training, and knowledge and expertise can provide added value to the client and ...

What happens if there is no trustee for a trust?

Nov 22, 2016 · A: There's no reason to justify a lawyer withholding client files. You can report this attorney to the Bar for an ethics violation. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.

What if the trustees are not named in the trust agreement?

Nov 04, 2013 · 1.A deed must be granted to a trustee, not a trust, but does not fail unless the trust agreement fails to name a trustee The first common problem is a situation where a deed is granted to a trust and not to the trustee. The root of this problem seems to be the misconception that a trust is an entity that can be deeded to.

What a trustee Cannot do?

The trustee cannot grant legitimate and reasonable requests from one beneficiary in a timely manner and deny or delay granting legitimate and reasonable requests from another beneficiary simply because the trustee does not particularly care for that beneficiary. Invest trust assets in a conservative manner.

Does a trustee have to communicate with beneficiaries?

Fortunately, California law protects beneficiaries by requiring trustees to communicate throughout the trust administration process and act in the best interests of beneficiaries.Jun 17, 2019

How far back does a trustee look at bank statements?

two years

The trustee will use these statements to get a glimpse into your financial history. Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.Dec 6, 2021

How do trustees discover hidden assets?

The trustee might find hidden assets by any of the following: a review of your debts (such as lots of furniture store debt but very little furniture) public record searches. online asset searches.

Can a trustee do whatever they want?

The trustee cannot do whatever they want. They must follow the trust document, and follow the California Probate Code. More than that, Trustees don't get the benefits of the Trust. The Trust assets will pass to the Trust beneficiaries eventually.Apr 30, 2019

How long does a trustee have to notify beneficiaries?

Several states require you to send a notice to all trust beneficiaries within a certain time after you take over as successor trustee of the trust. Most states give you 30 or 60 days to send this initial notice.

Does the trustee monitor your bank account?

While your trustee will most likely periodically check all of your financial accounts such as your bank accounts, in order to ensure that you have enough money to continue making your bankruptcy payments, they are not permitted to touch any of your funds, other than the funds which are allocated for your secured loan ...6 days ago

What questions will the trustee ask?

Along with the mandatory questions, trustees typically ask about your property and other assets, income, expenses, and debts. Other areas will include discrepancies in your bankruptcy forms and how you came up with a value for various property items.

What does a trustee look for?

In addition to making sure that your paperwork is accurate and complete, the trustee will be on the lookout for omitted or undervalued assets, undisclosed income, fraudulently transferred property, and any other red flags that can benefit your creditors or indicate abuse of the bankruptcy process.

What are considered assets in Chapter 7?

Everything you own or have an interest in is considered an asset in your Chapter 7 bankruptcy. In other words, all your belongings are “assets” even if they're not really worth much. That doesn't mean that the bankruptcy trustee will sell everything you have, though.Oct 16, 2020

What does the trustee do in Chapter 7?

The chapter 7 trustee collects assets of the debtor that are not exempt under the Bankruptcy Code, liquidates the assets, and distributes the proceeds to creditors.Mar 30, 2022

Who is the trustee of a deed?

The trustee is the party to whom the deed must be granted, because the trustee is an individual who can take title. So a deed cannot be granted to a trust, it must be granted to a trustee. But a grant to a trust without naming the trustee does not necessarily fail.

Is a trust a fiduciary relationship?

The first common problem is a situation where a deed is granted to a trust and not to the trustee. The root of this problem seems to be the misconception that a trust is an entity that can be deeded to. A trust has no independent existence. It is simply a fiduciary relationship between people. There is a trustee or trustees, a trust maker (the ...

What is a trust relationship?

It is simply a fiduciary relationship between people. There is a trustee or trustees, a trust maker (the settlor), and a beneficiary or beneficiaries. These people do not form an entity; the trust is their legal relationship with one another.

Can a contract be void?

It is also possible that the contract will simply be found to be void and the conveyance fails. In that case, one should get a new deed from the trustee or the successor trustee. As a matter of policy, this is why it is important for attorneys to know the condition of title before drafting deeds.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

Why do lawyers have trust accounts?

A fiduciary has a high level of responsibility to the person he or she represents. In this role, a lawyer may receive funds that belong to a client or third party.

Can a lawyer receive money from a third party?

In this role, a lawyer may receive funds that belong to a client or third party. To reduce the risk of the lawyer using that money incorrectly, the lawyer must place it in a trust account. The lawyer does not put this type of money in his or her personal bank account. Key Features of the Trust Account:

What is trust account?

Definition: A trust account is a special bank account that a lawyer must maintain when the lawyer receives and holds money on behalf of the lawyer’s clients or third parties. Why Does a Lawyer Have a Trust Account? A lawyer takes on the role of a fiduciary when representing a client.

What is a fiduciary lawyer?

A fiduciary has a high level of responsibility to the person he or she represents. In this role, a lawyer may receive funds that belong to a client or third party. To reduce the risk of the lawyer using that money incorrectly, the lawyer must place it in a trust account.

What is IOLTA trust?

IOLTA is a non-profit program that funds the provision of civil legal services for the indigent and sponsors other programs that further the administration of justice. Next time you find yourself explaining the trust account to your clients, use these talking points.

What is the role of a fiduciary?

A lawyer takes on the role of a fiduciary when representing a client. A fiduciary has a high level of responsibility to the person he or she represents. In this role, a lawyer may receive funds that belong to a client or third party. To reduce the risk of the lawyer using that money incorrectly, the lawyer must place it in a trust account.