Legal Question in Wills and Trusts in California

I have a grandmother who passed away a few weeks ago. She went and hired a lawyer back in September 2010 to change her will, leaving everything to her 8 grandchildren. We just found out that the lawyer didn't have her sign a power of appointment. Now her will is reverting back to the original one made years ago, leaving us grandchildren with nothing. Who's responsibility is it to make sure this was done properly? What should us grandchildren do?


Asked on 1/11/11, 1:43 pm

3 Answers from Attorneys

Aaron Feldman Feldman Law Group

If a lawyer makes a mistake in preparing a will, the heirs who lose out on an inheritance as a result of the mistake have a claim against the attorney for malpractice. You should meet with an attorney as soon as possible to go over the facts in greater detail. For starters, there hasn't been any judicial determination over the validity of the new will, so I am confused about how it was decided that the new will is not effective? Secondly, litigation is expensive which makes pursuing smaller claims difficult. If you should have inherited $25,000 and now you are receiving Zero, legal fees and costs could exceed $25,000 if you had to litigate against the attorney (assuming that he actually made a mistake). You should consult with an attorney.

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Answered on 1/16/11, 1:53 pm
James Cunningham Jr CunninghamLegal

This is a factually complex case with two major layers: entitlement to distribution and attorney malpractice. You should hire an attorney competent to handle all aspects of this case (and open to associating specialized counsel). We would be willing to speak with you about this case. Call us at 916-235-8700. Jim.

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Answered on 1/16/11, 3:01 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

There are a lot of relevant facts which are not mentioned in your question and your question raises a lot of complex issues. You need to sit down with a lawayer sooner rather than later. If you would like to talk further, please feel free to call me.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 1/18/11, 9:39 am


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