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Asked in Salt Lake City, UT May 15, 2020 ,  1 answers Visitors: 44
what can i do about being billed for a court appearance that my lawyer did not attend?

1 Answers

Anonymous
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Posted on / May 15, 2020 08:20:39

I am not sure I understand the question. This is a strange happening indeed. I am sorry for your loss. Trust amendments are not typically filed in court. In addition, in the creation/modification of a trust there usually isn't court appearance either unless it was an irrevocable trust and you need the Court's authority to do it.

Some relevant questions of whether the attorney acted inappropriately are:

1. Did you mother have a relationship with him prior? If she did, and she instructed him to change it so that he was the administrator and executor, then there might not be anything ethically wrong with it. Remember he was your mom's attorney and not yours. Although he should have let you know that he wouldn't make his appointment with you. That is just being courteous and polite.

2. Did your mom talk to you about any changes? Did she say anything at all about the status of her trust after she signed? If she thought she was signing one thing and she signed something else completely, there might be evidence of fraud. At any rate, the attorney should have had your mom explain the changes to you. This is not something I would feel comfortable doing personally. It has a taste of deception and when family is involved especially if they are close, it starts to look very inappropriate.

I would try to gather as much facts as you could, and if you feel like the attorney acted against your mom's wishes, I would call the Utah State Bar and talk to them.

I hope this helps.

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