Legal Question in Wills and Trusts in California
Attorney Malpractice/Trust Administration
My sister and I are the only beneficiarys to our familys Trust.My sisters husband is the executor.I owed a debt to the trust of thirty thousand dollars and it specified in the trust that $30,000.00 was the only amount owed.I took care of my Mother for seven years.She could not drive an automobile.I did all of her errands.I picked up her perscriptions 3-4 times a week and I did her grocery shopping once a week.I would use her ATM card to pay for everything.The executor and the Attorney have added up the Atm charges to a total of $70,000.00 and are deducting that amount from my share.The Attorney stated in court documents that I was accumulating assets of the trust which is just not true.My sister and I are to receive equal shares but they have me paying all the tax.I also had power of attorney.I have my Mothers check book and four years of registers all in my Mothers hand and they clearly show what her money was spent on.The Attorney has changed my mothers will and has added some things to the trust,all after my parents died.There is also $250,000.00 unaccounted for. Can I do anything about this and can I also sue the executor and the Attorney for Libel?
3 Answers from Attorneys
Re: Attorney Malpractice/Trust Administration
Far too complicated question to be asked over the net. You must sit in front of the attorney giving the attorney all the documentation and information that key/she needs to really give you advice as to your rights. Overall though yes, you have numerous rights but whether or not they are encompassed within your view of the facts will depend on numbers of factors. COSE in attorney who is specialized in probate/litigation and who understands the field. That attorney can advice you specifically in give you alternatives as to what, if anything you wish to do in this kind of situation. You have numerous alternatives as I see it in but they must be accomplished by an attorney and not you.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: Attorney Malpractice/Trust Administration
You have described a number of issues. It sounds like you could challenge your sister's actions on a number of grounds, including breach of fiduciary duty. Also, it sounds like your sister and her attorney are jumping to improper conclusions without reviewing all of the evidence. Claims against an executor/trustee have to be made very quickly. If your statements are correct, you may be able to remove her as executor/trustee. The slander issue, however, will probably not be successful if the false statements were made in connection with a court proceeding. Don't delay; contact a probate attorney as soon as possible.
Re: Attorney Malpractice/Trust Administration
Get to an attorney immediately. There are things that you can do, including removing the executor/trustee, but you need to do it right away.
I believe all the attorneys here will agree that you need to act quickly or, unfortunately, the money will be gone.
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