I need to find a California estate attorney practicing in San Diego County willing to provide services pro-bono or at a very discounted rate...

Question

I need to find a California estate attorney practicing in San Diego County willing to provide services pro-bono or at a very discounted rate for a developmentally disabled whom is 64 years of age. This person is the beneficiary of a Special Needs Trust created by her mother whom is now deceased. The trust consists solely of a home and held in trust supposedly for the benefit of the beneficiary. I believe the Trustee may have abused her role and has taken advantage of the beneficiary. She also has no surviving relatives. My husband and I who live in Texas were very close friends with the family and have moved the beneficiary to live with us in Texas.

I am having a very difficult time finding legal assistance since Texas Attorneys cannot represent her due to the Trust being under California jurisdiction. The associations I have spoken to so far won't assist the beneficiary because she is no longer in California. Neither the beneficiary, who lives on SSDI income nor us have the financial means to hire an attorney at full rates plus if there is a need to go court we will have incur travel expenses, etc..

I have a copy of the Trust which I would like to have reviewed. There is more to the story and there is another non-relative named as co-beneficiary in the Trust. We have known this family for more than 30 years and know the Mother would NEVER have done this. If anything, she would have only named this other individual as a successor beneficiary.

Can you help?

Answer

I am sorry to hear of your situation.

Your best place to look is likely the San Diego County Bar Association, or a senior center in the area -- though it sounds like you may already tried the latter.

Without more information, it is hard to know what services are needed or what an appropriate rate structure would be. You are wise to state up front the financial situation, however.

It is extremely hard and extremely expensive to have a trust changed based on the fact that it does not state the intentions of the maker of the trust. It appears that one thing you will need to agree upon with counsel are the goals you wish to accomplish here.

You should also note that the trust may end up having to bear the attorney's fees of the trustee -- meaning that you may find the house having to be sold. You should be sure to discuss this risk with counsel.

Best of luck to you.

Answer

You could also contact the California Advocates for Nursing Home Reform (CANHR) at 800-474-1116. They have a state-wide legal referral service certified by the California State Bar Association.