Legal Question in Wills and Trusts in California

looting of trust, abuse of poa

My brother since 4/2001 has had poa over my grandmother's estate. He has medical paperwork stating my grandmother has dementia and is incompetent. We have bank statements showing the misuse of her money for her care totaling over $100,000. We have an attorney but we have not signed any agreement for representation because he cannot represent my grandmother, she is incompetent and legally my brother is in control. The attorney, or in this case he is acting as a mediator is working out a deal with my brother to where he walks away from the trust and also as a beneficiary. In return, my other brother, sister and I would have to sign an agreement not to sue our brother in civil court over the money he has stolen. As of right now, my grandmother's house was sold in order to pay for her care. We do not want our brother to get his hands on the funds from the sale of the house, which would be his right as trustee. I feel our attorney is not working in our best interests. We want to get control of the trust and also want to get whatever money back from my brother by any means possible. I need help!


Asked on 5/26/03, 3:13 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: looting of trust, abuse of poa

i deeply sympathize with your situation and the frustration you must be going thru. if you would like to email me directly more facts and/or how you might like to proceed in this matter, my Law Firm will do our best to further assist and/or represent your BEST interests legally in this unfortunate matter with your brother. be sure to let me know what city you are located in as well as your brother, the estate in question, etc..

thanks.

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Answered on 5/26/03, 6:18 pm


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