Legal Question in Wills and Trusts in California

fraud in writing & administrating trust

My husband forced me to sign will & trust by intimidation. Was emotionally abused. Subsequently, his children tried to enforce bogus agreement. Mediation occurred, but all along the process (& I signed the mediation agreement under duress and by bad legal representation)I have been subjected to medical malpractice, fraud, collusion between attorneys and inability of trust atty to give instructions for correct trust accounting. Also some of the information submitted to plaintiff as to values of property, etc. were wrong, and in my husband's actions, he changed my rights to community property and placed them in his separate property even though community funds had been used to pay the taxes on the property.


Asked on 12/15/04, 7:48 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: fraud in writing & administrating trust

These questions cannot be answered correctly and completely without a review of the trust agreement, your records, correspondence and any court documents. Although in general it is possible to obtain a court order making an agreement unenforceable or void, proof in cases of this type is often difficult. If you believe you have not been represently adequately by an attorney, you should retain new counsel. Medical malpractice requires an attorney experienced with court actions of that type. If you believe the trust is not being adminstered properly (in addition to questioning the validity of the trust agreement), you can petition the court for an accounting, to have the trustee removed and for other relief.

SEE

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=27887922677+5+0+0&WAISaction=retrieve

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=27887922677+1+0+0&WAISaction=retrieve

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=27887922677+15+0+0&WAISaction=retrieve

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Answered on 12/17/04, 5:21 am


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