Legal Question in Wills and Trusts in California

Here is my question. I am a beneficiary of an Irrevocable Living Trust. My step brother used some of my money for his own benefit because he knew I am ill. He is my executor. He had access to my health records. Now what can I do to file claim against him. He used a large sum amount of money that is not his. Can the judge get him arrested??


Asked on 1/29/10, 12:39 pm

4 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

You may want to have him removed as trustee/executor, and them possibly sue him to get the money back. I can help. If you are in interested, contact my office for a free consultation.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 2/03/10, 12:49 pm
Kai Wessels Kai H. Wessels

You need to see an attorney if you want to be successful. Please feel free to contact me if you so desire.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 2/03/10, 9:55 pm
Donald Field Donald L. Field, Jr., Attorney at Law

you will need to retain a qualified attorney to provide you with advise and prepare a petition to the superior court for an accounting and to have your step brother removed as trustee (executor?). if he has taken assets from the trust improperly, a judgment and surcharge against him is possible. on the other hand, if he has already depleted the funds, collection may be difficult.

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Answered on 2/04/10, 9:00 am
James Bame San Diego Law Office

He has committed misconduct which disqualifies him from continuing as trustee. You must petition for his removal and return of trust property. It may be referred to the D.A. if it is particulary egregious. Contact me directly.

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Answered on 2/04/10, 10:25 am


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