Legal Question in Wills and Trusts in California
Dear Esquire,
My parents have passed away several years ago, and my brother was appointed trustee for the family will.
Three years ago, I learned my brother decided to steal monies due to his 3 siblings. In August 2011, the family attorney my parents hired contacted me to tell my that he has no way to contact my brother; as my brother changed his telephone number and refuses to respond to all certified letters from said attorney.
I last spoke with my brother after the family attorney contacted me last August. At that time, he confessed his crime and promised to repay the monies due to me. Now, my brother has changed his telephone number again, and has ceased all contact with both, me and the family attorney.
In the meantime, the family trust has not been resolved. Please advise.
Thank you,
Yolanda Pacho
2 Answers from Attorneys
Have the attorney contact any third party who has control of the assets [bank accounts, stocks, etc.] to tell them that there may be a situation of misuse of funds by the administrator of the estate so they should not pay out anything without having court assurance. Check to see if the title to any properties have been changed to his name [if you file suit against him then you can file a lis pendes to warn others there is danger in buying the property. Go to his last know address and see if you can find him, contact the police as he will continue to commit crimes against you, have them contact DMV, see if you can find him or his friends on face book. Hire an investigator if none of that works. You will also want to petition the court to change administrators
Hire a new lawyer to represent you alone, have them hire a skip-tracer to find your brother and then proceed against him in court, and in the criminal justice system as well if warranted.
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