Theft of trust cash

[Keith Konheim]

Jurisdiction

California

My brothers through my father raided my parents cash trust assets. The only asset left is the house.
I thought I should receive what they were given through the embezzlement as a percentage of the value of the house

Two questions
Is this fair?
Since the estate was supposed to be divided equally, and they obviously didn't want to divided equally, and shut me out, should I get as a percentage what they were both given, or only the larger amount of what was given to both of them?

 

[Zigner]

My brothers through my father raided my parents cash trust assets.

If your father approved of the transfer of funds/assets under his control (as trustee), then there's not much you can do.

Is it fair? I dunno - I'm not privy to all of the dynamics in your family, and "fair" is a very subjective thing. Asking strangers to determine if it's "fair" is really useless.

As to the division of the estate, there's really no way that anyone here can tell you what you "should" get.

 

[zddoodah]

My brothers through my father raided my parents cash trust assets.

Please elaborate. In particular, what does "through my father" mean in the context of this sentence, and what does "cash trust assets" mean?

Are your parents still alive?

I thought I should receive what they were given through the embezzlement as a percentage of the value of the house

Huh? "They" being your brothers? Given by whom?

Is this fair?

In this context, "fair" is a meaningless concept.

Since the estate was supposed to be divided equally, and they obviously didn't want to divided equally, and shut me out, should I get as a percentage what they were both given, or only the larger amount of what was given to both of them?

Whose estate? What is the relationship between the estate and the trust you mentioned earlier? "Supposed to be divided equally" according to what? "What they were both given" by whom?

Please answer all of these questions clearly. Absent some clarity about the facts, the only thing anyone can suggest intelligently is that you retain the services of a local attorney.

 

[Keith Konheim]

Please elaborate. In particular, what does "through my father" mean in the context of this sentence, and what does "cash trust assets" mean?

Are your parents still alive?



Huh? "They" being your brothers? Given by whom?



In this context, "fair" is a meaningless concept.



Whose estate? What is the relationship between the estate and the trust you mentioned earlier? "Supposed to be divided equally" according to what? "What they were both given" by whom?

Please answer all of these questions clearly. Absent some clarity about the facts, the only thing anyone can suggest intelligently is that you retain the services of a local attorney.

Trust assets, we're only supposed to be spent on themselves for their health, welfare and benefit

The trust clearly states that any payments periodic payments, or any lump sum payments, must have the written permission of both of them

My mother told me she wasn't going to sign anything because my father had the intention to change the distribution to mostly them, or just ignore the instructions in the trust they signed

 

[Zigner]

Trust assets, we're only supposed to be spent on themselves for their health, welfare and benefit

The trust clearly states that any payments periodic payments, or any lump sum payments, must have the written permission of both of them

My mother told me she wasn't going to sign anything because my father had the intention to change the distribution to mostly them, or just ignore the instructions in the trust they signed

So, BOTH your parents are still alive. In that case, this isn't your business.

 

[Keith Konheim]

My father murdered my mom most likely because he discovered she was seeking a divorce. (I'm sure it was a deliberate killing weaponizing a bacterial agent)

He then stops taking his anti seizure medications and passed away. But he gets a friend of an attorney to write a trust where he claimed he had the right to revoke my mom's half, but a judge shot that down bc those words giving him permission are not in their original trust

 

[Zigner]

My father murdered my mom most likely because he discovered she was seeking a divorce. (I'm sure it was a deliberate killing weaponizing a bacterial agent)

I'm sorry for the passing of your mother. Are you saying that you believe that your father murdered your mother? Or are you saying that your father was tried and convicted of the murder of your mother?

He then stops taking his anti seizure medications and passed away. But he gets a friend of an attorney to write a trust where he claimed he had the right to revoke my mom's half, but a judge shot that down bc those words giving him permission are not in their original trust

Your dad is dead now?

I would suggest that you speak to an attorney about this matter. An internet message board isn't going to be able to help you.

 

[Keith Konheim]

I'm sorry for the passing of your mother. Are you saying that you believe that your father murdered your mother? Or are you saying that your father was tried and convicted of the murder of your mother?

Your dad is dead now?

I would suggest that you speak to an attorney about this matter. An internet message board isn't going to be able to help you.

The coward he was could not live with the guilt
I had enough trouble composing that police report because he could not have killed her without help

my current question is I am supposed to share their estate equally. Do I allow my brothers to steal from me? What is the appropriate financial penalty? There are 2 brothers, but one passed away from colon cancer(?),(how does the body react if an evil person were to squirt a micro drop (36awg syringe needle) of paint remover into a glass of wine you are drinking at a restaurant) so it is his children who assume this debt, if any.

 

[Zigner]

The coward he was could not live with the guilt
I had enough trouble composing that police report because he could not have killed her without help

So, as I am to understand it, your father was NOT convicted of the murder of your mother.

my current question is I am supposed to share their estate equally.

If that is the case, then you have a problem, as the money/assets you seem concerned with do not appear to be part of the estate/trust.

Please don't take this wrong, but in addition to the attorney that you consult with, I would also recommend that you speak to a therapist to help you get through your grief and anger.

 

[zddoodah]

Trust assets, we're only supposed to be spent on themselves for their health, welfare and benefit

As I told you previously, if you don't answer the questions I asked and clarify the facts as I mentioned, there isn't much of anything anyone here can tell you.

You've provided even more facts in your follow up posts and continue not to answer the questions I and others are asking.

 

[Keith Konheim]

Are judges attorneys and trustees required to follow all sections of a trust?

Because I think that piling and choosing violates the intent of the legislature.

If they don't, is it a crime and what crime?

Just wondering if this is a 'loop hole'.

 

[Zigner]

Please keep your related questions in your original thread:

Theft of trust cash

 

[zddoodah]

Are judges attorneys and trustees required to follow all sections of a trust?

This is way to vague a question for any answer other than "maybe."

I think that piling and choosing violates the intent of the legislature.

Piling? What does "the intent of the legislature" have to do with "following . . . sections of a trust"?

If they don't, is it a crime and what crime?

Facts matter and you provided ZERO facts.

Just wondering if this is a 'loop hole'.

What does "this" refer to?

EDIT (now that this has been moved): If you won't provide clear facts, there is nothing that anyone here can do for you.

 

[Zigner]

Piling?

Picking. As in "picking and choosing."

In any event, the OP needs to post in the original thread that I linked to above.

 

[adjusterjack]

Picking. As in "picking and choosing."

In any event, the OP needs to post in the original thread that I linked to above.

There is only this thread now.