Martinez, CA asked in Probate for California

Q: Estate attorney ignores my request for communication. I provided my signature immediately for release of disbursement.

Its been a month, multiple copies and request have been sent. Only my disbursement is being withheld . Professionally and legally can he ignore me and withhold my court ordered proceeds?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, attorneys are expected to communicate with their clients and keep them informed about the status of their cases. If you have provided all necessary signatures for the release of disbursement and it has been court-ordered, the attorney should not withhold these proceeds without a valid legal reason. Ignoring requests for communication and withholding court-ordered proceeds without explanation could be considered unprofessional and may violate the ethical obligations attorneys owe to their clients.

If you find yourself in a situation where your attorney is not responding to your requests for communication, you have several options. First, consider sending a formal letter expressing your concerns and requesting an update on your case. This letter should be sent via certified mail to ensure there is a record of your attempt to communicate. If this does not yield a response, you may need to escalate the matter.

Should these attempts fail to elicit a response, you may consider contacting the California State Bar to file a complaint against the attorney for failing to communicate and for potentially mishandling your case. The State Bar takes such complaints seriously and can investigate the matter to ensure your rights are protected and to address any misconduct by the attorney. It's important to gather all relevant documentation and communications when preparing to file a complaint.

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