Turlock, CA asked in Legal Malpractice and Estate Planning for California

Q: After legal demand served upon bank to determine ownership bylawyer, all remaining funds taken.

remaining funds part of trust after death of wife, trust now has case no with superior court, then all funds removed by cosigner.

the lawyers legal demand failed to protect trust assets

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is important to consult with an attorney for legal advice in this situation. Generally, if there is a trust in place, the trustee should have control over the assets and not a co-signer or other individual. If the remaining funds were part of the trust after the death of the wife, it may be necessary to involve the court to determine ownership and protect the assets. The lawyer's legal demand may not have been sufficient to prevent the removal of the funds, and additional legal action may be necessary to recover them. An experienced attorney can review the details of the case and provide guidance on the best course of action.

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