My mother passed Mar 1 07. The Lawyer is also a CPA , and co trustee as is myself Is there a conflick of inter

Question

I HAVE HAD ONLY 1 MEETING WITH LAWYER. SENT HIM MY MOTHERS 2006 TAXES. HE HAS MADE NO OTHER COMMUNIATION WITH ME. WHAT NEXT?

Answer 1

did he file local state and federal estimated taxes for 2007 for you mother's estate?
go to probate court and see what he has filed with the court.
take that information to another attorney and get a second opinion worth the cost

Answer 2

The American Society of Certified Public Accountants does not allow members to practice as a CPA and an attorney at the same time. That said, if the trustee was not a CPA or an attorney, I would recommend getting one as a co-trustee.

Answer 3

No conflict of interest for the lawyer also being a CPA, and they often serve as trustees as well. He's likely very busy, so that may explain why he hasn't contacted you.

He just gotten through the busy season and is likely taking a bit of a break.

It's fine for you to call him though. If you have a specific question, even if he's not available, he likely has an assistant or paralegal who can help you.

You may do well to make friends with his support staff. That can get you a long way.

Hope that helps!

KK

Answer 4

Since he is serving basically 3 jobs, there may be potential for some impropriety. As Trustee, he has a fiduciary duty to the beneficiary (you), which could be breached by over-charging for his professional services. Also, if he as authority to write checks without oversight, there is the possibility of out and out embezzlement. Stranger things have happened. However, as a beneficiary you would have the right to periodic accountings. Exercise it. Also contact him and insist that the work be completed as soon as possible. Dragging it out just increases the time spent, and therewith the fees.