Q: after legal demand upon bank, my new attorney's demand failed to protect trust assets for court confirmation
after death of wife, my new attorney supposedly placed legal demand upon bank to protect & confirm trust with superior court.
Trust confirmation listed assets & case number for court confirmation, then all assets removed by cosigner & not reported missing at court
confirmation of trust & assets by my attorney appearing before superior court judge - I reported missing funds to him before confirmation.
In short, my attorney's legal demand failed to protect our trust.
Do I have a "civil case" or felony for trust confirmation process being abused in superior court by my "attorney" ?
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- California
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- Answered
A:
If your attorney's legal demand failed to protect your trust assets and the assets were removed without being reported missing at court, it may be possible to pursue legal action against your attorney for legal malpractice or breach of fiduciary duty.
Legal malpractice occurs when an attorney fails to provide competent and professional representation to a client, resulting in harm or damages. Breach of fiduciary duty occurs when an attorney violates their ethical duty to act in the best interests of their client and prioritize the client's needs above their own.
In this case, it may be possible to argue that your attorney's failure to properly protect and confirm the trust assets resulted in harm or damages to you. However, the specific details of your case will need to be carefully evaluated by a qualified attorney to determine the strength of your case.
It's important to consult with an attorney who specializes in trust and estate law and has experience with legal malpractice and breach of fiduciary duty cases. They can help you understand your legal options, evaluate the strength of your case, and potentially pursue legal action against your attorney if appropriate.
Overall, if you believe that your attorney failed to protect your trust assets and breached their fiduciary duty to you, it may be worth exploring your legal options and seeking the guidance of a qualified attorney.
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