Legal Question in Wills and Trusts in California
My brother cheated me in a trust fund he is the trustee and I am the beneficiary. He should be acting in my best interest and hasn't. He purchased real estate without my consent and is collecting rent on it. I am not receiving income on it. The trust stated we would split all 50-50. I spoke with attorney he said I should file suit for breach of fiduciary duties and have him removed as trustee. He has assets protected in llc's, maybe limited partnership and new trust to avoid any lawsuit. Lawyer told me 70% chance of win if I sued him. He can countersue and win based on fact that I have bipolar and could claim I'm not of sound mind. What should I do?
1 Answer from Attorneys
What does your mental state have to do with the facts of whether or not he acted correctly? He could claim that your mental state caused you to forget approval you gave to him [but he still can not go against the trust instructions] or think things happened that did not [issue of proof], but a lawsuit would deal with what can be shown to have occurred. If you can show he failed to follow the trust instructions, then you win. You need to see if there is a provision in the Trust instructions about challenges to the trust resulting in reduced money go to the person, but you are not attacking the trust but rather his administration so such a clause does not really apply.
Based upon what you have said, you should sue him and do so ASAP. Any money he took improperly can not be hidden in an LLC, as you are not attacking the LLC but rather his action of taking the money [if illegal, then suit would entitle you to go after the money no matter where it is].
Good luck in the lawsuit.
not proof read
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