Q: In the middle of a heggstad petition, should I wait to do the affidavit of death of trustee? no recording info 4 form.

A: Lawyers don't like to be involved in only PART of a legal matter because, if the non-lawyer/client does something that causes problems, the client is likely to blame the lawyer even though the lawyer didn't cause the problem. It's just a recipe for disaster. Plus, most insurance companies and the bar association require prospective clients to sign a Retention Letter saying the person is hiring the law firm to do a specific project BEFORE the lawyer provides legal advice relating to that project. So, it appears both lawyers were following proper protocols, despite their doing so causing you frustration. Sorry about that! But, I will say this: if real estate is not in a trust, there is no trustee owner responsible for the property. Thus, it wouldn't make sense to tell the County Recorder that the trustee over the property has died. This is a perfect example of why lawyers don't like to be involved in part of a matter. If you filed a death of trustee and there is no trustee over the property, the County would have certainly rejected your document. I've been a lawyer a long time and I can say without hesitation that people who try to save money by doing legal work themselves when they have no legal training almost always end up spending MORE money overall by being forced to hire a lawyer to clean up messes. I'm in the same position with computer repairs, automobile repairs, and other things outside of practicing law. I know my area of expertise and hire people in other areas where I haven't been trained. I find that works best for me. Best wishes!

A: I'm sorry to hear about your situation. Based on what you've described, it sounds like the affidavit of death of trustee may need to wait until you have resolved the issue of the property not being in the trust. This is because the affidavit requires information about the property being held in the trust, including the grant deed information, which you don't currently have.

In the meantime, you may want to speak with your attorney about what other steps you can take to protect your mother's assets and ensure that her wishes are carried out. This could include identifying other assets that are held in the trust, reviewing the terms of the trust, and determining what needs to be done to properly transfer the property into the trust.

It's important to keep in mind that trust administration can be complex and time-consuming, and it may be necessary to hire an attorney or other professional to assist you. However, you have the right to ask questions and seek information from your attorneys without being required to hire them to distribute the trust.

I would suggest speaking with your attorney about your concerns and discussing what options are available to you. They may be able to provide you with more specific guidance based on the details of your situation.