QUESTION
What should I do if my trust that was left to me by my grandfather has been embezzled by two trustees and an attorney I hired?
Asked on Jun 06th, 2013 on Estate Planning - Florida
More details to this question:
I don't want the lawyer I hire to know the lawyer who is involved.
19 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You can bring suit against the trustees for the embezzlement. This would be done in probate court. The attorney will also have disciplinary charges to deal with if he was involved in the wrongdoing and could face disbarment. I would act on this immediately.
Answered on Jun 11th, 2013 at 10:33 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your lawyer will know the lawyer involved, unless what you are saying is you do not want to hire an attorney that may be friendly with the collection lawyer you retain. This sounds like a bit of a mess. Hopefully, it can be sorted out relatively quickly and easily.
Answered on Jun 10th, 2013 at 1:12 AM
2 Awards
Hire a lawyer as soon as possible to pursue the trustee. Don't wait.
Answered on Jun 06th, 2013 at 2:36 PM
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You should petition to have the Court take jurisdiction of the trust and request an accounting. It really does not matter is your new attorney knows your old attorney. Unless you are in NY or LA, knowing another attorney is inevitable.
Answered on Jun 06th, 2013 at 2:33 PM
Estate Planning Attorney serving San Francisco, CA
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Ernest J. Kim
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Any action against a trustee and their agents will be dealt with in a court action, and court records are public so the identity of all the parties will be known. Any attorney you hire will necessarily have to know who all the parties are that are responsible for your losses, in order to effectively represent you in recovering them. That said, you need to hire an attorney to explore all of your options as soon as possible, with an emphasis on the best options to help you recover your missing funds in the shortest time with the smallest expense. In some cases of embezzlement, this means involving criminal law enforcement aspects to help you receive restitution. In other cases, it may be better to handle it in civil court to increase your chances of recovery (i.e. they can't pay you back your money if they are all in jail and not working). But no matter which method is chosen, you will need an attorney with experience in dealing with trustee breaches, who can help you reconstruct the accounting records to figure out exactly how much was taken, and what can be done about those fiduciary duty breaches. California law provides many protections for a beneficiary who has had funds misappropriated by trustees, including but not limited to the possible availability of "double damages" recovery. This is not a widely known remedy, and we have used it very effectively in several cases. It is important to take action as soon as possible because the longer you wait, the more stale the money trail becomes, and the more time you give the other side to hide/spend your money or cover their tracks. Seek an experienced attorney's advice immediately.
Answered on Jun 06th, 2013 at 2:31 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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You will need an attorney to help you with this. Recommend you check with whoever you talk to early in the conversation to see if he or she knows the attorney you are going after, to see if it is a conflict of interest. At some point, the information is going to come out, so you should deal with it up front.
Answered on Jun 06th, 2013 at 11:29 AM
You can contact the police, of course. However, if you bring suit against the trustees and attorney, any new attorney you hire to prosecute the casse will probably know the first attorney.
Answered on Jun 06th, 2013 at 11:28 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to sue the trustees and the lawyer. If you sue the lawyer, your new lawyer will have to know the name of the first lawyer. You can also file a bar complaint against the lawyer. You do this with the Supreme Court of Missouri.
Answered on Jun 06th, 2013 at 11:28 AM
That may not be possible. Your new lawyer will need to review all the facts.
Answered on Jun 06th, 2013 at 11:28 AM
First, you can contact the authorities. Second, visit with an attorney specializing in trust litigation. The local Bar Association is a good place to start your search for an attorney. You might start with someone who is a member of the Trust & Estate Section of the Bar Association.
Answered on Jun 06th, 2013 at 11:27 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have to sue all three. And the attorney you hire will have to know who embezzled. If it is true, you might be able to go after the attorneys malpractice insurance. And do it now, before it is too late.
Answered on Jun 06th, 2013 at 11:27 AM
2 Awards
You will need to hire a lawyer who does breach of fiduciary duty cases.
Answered on Jun 06th, 2013 at 11:27 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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How is the new attorney going to help you if he does not know the identity of the alleged perpetrator.
Answered on Jun 06th, 2013 at 11:27 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Consider obtaining a probate litigation attorney ,to consider a lawsuit against the trustees for embezzlement, and a legal malpractice action against the attorney, In addition, if you believe the attorney has embezzled funds from the trust, consider filing a complaint with the State Bar of California, the attorney licensing agency.
Answered on Jun 06th, 2013 at 11:26 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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A charge of embezzlement is very serious. If true, then the lawyer involved could easily lose his or license, and those involved have committed crimes. You should be 100% sure before making this allegation. You should definitely retain an attorney to help you, if only to avoid charges of defamation if you turn out to be mistaken. It is likely that you will need to request an accounting from the trustees, and pursue an action in court to recover any monies you and/or the trust are owed. In case of gross malfeasance, an action to remove the trustee may be appropriate. You will almost certainly need to disclose the identity of your new lawyer to the lawyer whom you accuse of malfeasance. This is not the type of case you want to tackle in pro per, with a lawyer in the background providing general guidance. I would start contacting lawyers who practice in this area for assistance.
Answered on Jun 06th, 2013 at 11:26 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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How do you expect to recover the funds if you do not give *complete disclosure to the attorney you hire *to recover the funds from the two trustees and the attorney who represents the two trustees? *What reason do you have for not disclosing this information?* No attorney I know would take a case with a client that will not disclose all information.
Answered on Jun 06th, 2013 at 11:25 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You would need to file an action in the Court of Chancery for fraud.
Answered on Jun 06th, 2013 at 11:25 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Talk to an attorney first. But if you think the *attorney you hired* embezzled funds from you, you probably ought to start by firing him as your attorney.
Answered on Jun 06th, 2013 at 11:24 AM
You need to hire an attorney and you can find plenty of them with local or state bar. To be sure the attorney is not 'friendly' with the attorney you want to sue, just ask the attorney you want to hire if they know attorney X and if so, how. It is that simple, just be sure to ask before giving any details.
Answered on Jun 06th, 2013 at 11:24 AM