Legal Question in Wills and Trusts in California

Step Son's mother spent his inheritance.

My step son was left in excess of $49,000.00 by his aunt and grandmother. His biological mother was the trustee until he turned 18. Well he is now almost 20 and she claims there was never any money. My husband and I have legal papers saying otherwise. Where do we start??

Thanks


Asked on 8/17/02, 12:06 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Step Son's mother spent his inheritance.

When did you discover the fraud?? A cause of action for fraud, breach of fiduciary duty and conversion must be commenced immediatedly. You need representation and this is a case in which a contingency fee agreement may be an option. Call me directly at (619) 222-3504.

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Answered on 8/23/02, 11:54 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Step Son's mother spent his inheritance.

You start with finding an attorney in your area familiar with trusts and probate, and meet with them and show them your documents.

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Answered on 8/23/02, 12:45 pm
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: Step Son's mother spent his inheritance.

Thank you for your inquiry.

The ultimate resolution may be filing a lawsuit for damages including, but not limited to, the amount he is entitled to plus all additional investment interest that should have been accumulating for him. Attorney's fees and costs may also be in order.

As a first step, you may wish to consider contacting an attorney so that a legal demand letter can be delivered which makes absolutely clear that unless she accounts for his assets and reimburses him, legal action will be commenced against her. This is the best way to begin to see if full-blown litigation can be avoided. Of course, your stepson must be the one to initiate these steps and ultimately sue, if necessary. He is of age and is the individual with legal standing to demand and pursue appropriate remedies.

Please feel free to contact my office if I can be of assistance at 415/209-6332.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com & http://www.Estate-Planning-Pages.com

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Answered on 8/22/02, 11:39 pm


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