Stockton, CA asked in Estate Planning, Probate, Contracts and Civil Litigation for California

Q: I need a attorney that’s willing to take a probate case as on pro bono or a contingency of 50/50 split

My mother died and I gave the will to my father who did not lodge it. He had me sign a contract that if I take action that he will stop my monthly stipend my mother set up before she died. After signing the contact I found that she had a trust but he nor the trust attorney will give me copies of. My mothers estate was quite large unsure of the exact dollar amount but I know her retirement is still paying out 10000 plus a month to my father. She also had 401ks 403b and investment portfolios. I have been trying for almost a year to get help with this issue. I also have proof my father was pretending to be my mother and making changes to her fidelity acounts shortly before her death as well as proof that any changes that were made were against her wishes. Please will someone help me with this.

1 Lawyer Answer
Naomi Stal
Naomi Stal
  • Estate Planning Lawyer
  • Agoura Hills, CA

A: You probably need to clarify what you are hiring an attorney to do on your behalf. If you are claiming a right as a beneficiary in her trust then there were/are steps the Trustee of the trust had to take, including sending you some notices after your mom died as well as a copy of the trust. An attorney will not take this on contingency because that is likely an ethical violation on our behalf.

If you are looking for an attorney to represent you as a beneficiary in a probate case, that would indicate that your mother had assets outside the trust in an amount over $150,000.00. The probate fees for attorneys are set by the probate code so you would not find a contingency attorney for this matter either.

Good luck with this matter. I hope you find the help you need...

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