QUESTION

In need of lawyer who will work on contingency

Asked on Oct 08th, 2017 on Trusts and Estates - California
More details to this question:
in throwing out an untrustworthy Trustee, i.e., our brother. He is self dealing from our inheritance, as he told us his bankruptcy issues were now 'moot' since our Mom passed away in April 2017. He refuses to give my brother or I any of our 1/3 of Mom's Estate, or even hand over my Mom's rings she willed to my daughter & I. He conned our Mom into giving him my Trusteeship behind our backs, even though Mom's lawyer warned her not to, as he has had financial issues for years due to not being able to hold a job. Even in Mom's Trust & Will, he was not to be given out his 1/3 immediately at our Mom's passing, instead it was to be doled out when necessary to everyday living costs, etc. My trustworthy brother is a Canadian so can not be our Mom's Trustee, and I am retired law enforcement, so no trust issues at all, Mom even made me Executor, but he took all docs ,etc, so I could not do my job. Rt now he has a criminal & civil case against him, kidnapping & rape :-(. He is a blacksheep !!
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1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
Your case sounds strong. It may be a serious problem that you have waited six months to pursue this. He may well have expended your entire inheritance defending his own personal cases.  Trust litigation, even when there are strong grounds and witnesses available and willing to testify, costs tens of thousands of dollars, up into hundreds of thousands of dollars. The trustee is legally allowed to spend trust resources defending the trust and his position as trustee.  Do you know how much was in the estate when your mother died? Also, where in California are you located?
Answered on Oct 09th, 2017 at 7:07 AM

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