Guardian/attorney ad litem

[kempmaer]

What is the name of your state (only U.S. law)? Texas

An attorney was appointed as an ad litem to represent the remaindermen in a lawsuit involving a family trust seven years ago. As a remaindermen what legal rights do I have that involve trust matters? Is the attorney ad litem legally obligated to represent my interests in the trust even though the lawsuit was settled? The trustee paid the attorney ad litem fees involving the lawsuit but are those fees meant to represent my interests until I become a beneficiary?

Incidentally, I was never contacted by the ad litem attorney before, during or after the trust lawsuit. Do I have legal rights or grounds in this matter?

Thanks.

 

[kempmaer]

answers

If I could get someone's legal advice, it would help me know how I need to approach the ad litem attorney with legal issues related to the trust.

thanks.

 

[Zigner]

What did the attorney say when you asked him/her?

 

[kempmaer]

answer

I emailed the ad litem attorney but he has not responded to my specific questions, so that is why I am here.

 

[Zigner]

I emailed the ad litem attorney but he has not responded to my specific questions, so that is why I am here.

Send him a letter...old fashioned? Sure...but much more effective.

Or, simply call.

 

[kempmaer]

answer

Send him a letter...old fashioned? Sure...but much more effective.

Or, simply call.

That is do-able for me (letter) but I need some to enlighten me on the questions I originally posted on this thread.

 

[kempmaer]

answer

TX code regarding guardians for estates: http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.1054.htm

http://www.statutes.legis.state.tx.us/docs/ES/htm/ES.401.htm
"(e) If a life estate is created either in the decedent's will or by law, the life tenant or life tenants, when determined as if the life estate were to commence on the date of the decedent's death, shall, for the purposes of Section 401.002 or 401.003, be considered to be the distributee or distributees on behalf of the entire estate created, and are authorized to apply for independent administration on behalf of the estate without the consent or approval of any remainderman."

More links for you to read and follow: http://texasguardianship.org/guardianship-information/help-with-a-guardianship/

http://texasguardianship.org/guardianship-information/faqs-2/

http://www.dallascounty.org/department/courts/probate/guardianshipfaqs.php

http://igjlaw.com/frank_ikard_articles/issues_related_to_remote_beneficiaries.pdf -- pages 2 and 3 mention remainderman and rights.

Thank you. I will review these items.

 

[kempmaer]

answer

Thank you. I will review these items.

I appreciate the website information from the responders, however, in addition to that information, I would appreciate any individuals personal working knowledge of trust law and their personal experience working with clients in trust matters that would answer my original posted questions at the beginning of the thread.

Thank you.

 

[Zigner]

Your recommendation was asinine, quite frankly. In that thread, the problems started when YOU chimed in with unhelpful (and inaccurate) BS. It's fine when someone makes a mistake, but when someone doesn't admit to their mistake it starts looking intentional. Those who intentionally give false and/or misleading information don't last long around here.

 

[kempmaer]

chiming in

Your recommendation was asinine, quite frankly. In that thread, the problems started when YOU chimed in with unhelpful (and inaccurate) BS. It's fine when someone makes a mistake, but when someone doesn't admit to their mistake it starts looking intentional. Those who intentionally give false and/or misleading information don't last long around here.

My recommendations are for the original poster, my problem is with the other members who direct their BS comments at my post. If you have an issue with First Amendment speech in this Forum, take it up with the moderator.

 

[LdiJ]

My recommendations are for the original poster, my problem is with the other members who direct their BS comments at my post. If you have an issue with First Amendment speech in this Forum, take it up with the moderator.

Even if the First Amendment applied here that doesn't give you the right to give legally inaccurate advice to someone. Its not just wrong, its totally unfair to the original poster.