Legal Question in Family Law in California

Was there a Breach of Fudiciary Duty? Do I have recourse?

My divorce proceedings began in October 2003. Throughout these proceedings, my ex did not follow any rules as far as maintaining a fudiciary responsibilty. Still to my sadness, he was diagnosed w/cancer in July 2004 and passed away in April 2005 exactly 3 weeks after our final divorce. Question, his girlfriend became executor and trustee of his estate. She and his atty has failed to comply the settlement. I have rec'd most of my money with the exception of 12k due me for credit card debt. Their concern is that I won't pay my debt and creditors will come after them. I was also to receive my dog right after my ex passed away. They didn't comply it cost me over 6k in legal fees to get her. The Judge gave his final order,they must pay me by April 7th. One more thing, ex got an equity line on the house only for 10k, he was only to spend the money for home repairs. When I signed at the bank the amount of loan was not indicated. He got access to 50k and spent 40k on a car for GF. he was supposed to pay mortgage (I was not in the home) she did not and it lapsed almost 90 days. I had to make up the payment and got a derogatory mark on my credit. Can I sue her for breach of fiduciary duty? What recourse do I have


Asked on 4/01/06, 1:29 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Was there a Breach of Fudiciary Duty? Do I have recourse?

Your question is to complex for the internet and involves enough money to justify retaining an attorney. You may need to file a claim with his estate.

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Answered on 4/04/06, 2:22 am


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