Hi all and thanks to any answers,
I am in CA and involved in trust litigation with the only other bene who is my brother. He was the trustee until the court ordered stipulation that he step down, provide an accounting, do all acts necessary to effect the change etc...There is a house in the trust that he was living in (for the 4 yrs he was trustee) that I agreed to indemnify him from mortgage liability to the trust. I was also given a box of misc. paperwork that was mostly irrelevant to the trust that I made a few copies from and then returned so that they could do the accounting. They filed an accounting, the court deemed it insufficient to look at and gave them more time. They then filed a petition saying I had not given them all the paperwork back and this was preventing them from finishing the accounting. they subsequently withdrew their petition and have now socked me with a petition for failure to give accounting, and breach of trust. They state they sent me a letter requesting the accounting in Sept of 09, every other letter they ever sent me had an accompanying e-mail with the letter attached. Magically this one did not and also magically I never received it. As to the breach of trust, when I took over I found that my brother had refinanced the house in Jan of 08, (I took over in Dec of 08), and had also rented it (piecemeal by rooms) and that the mortgage payment was rising due to insurance being forced in place and taxes changing due to the refinance taking the house out of prop 13. My question is would a motion to strike have merit based on sham as they are not telling the court the whole picture? The accounting that they did produce clearly shows my brother has spent money in violation of the trust and well over what would be his half of the assets. He also used cash from the refinance to pay off credit cards. After he stepped down I got insurance in my name on the property and the mortgage insurer refunded money that should have gone back into the escrow account, but his insurance agent (a relative of his wife) did not ask the insurer to do it that way and he got the check and cashed it.
I am in CA and involved in trust litigation with the only other bene who is my brother. He was the trustee until the court ordered stipulation that he step down, provide an accounting, do all acts necessary to effect the change etc...There is a house in the trust that he was living in (for the 4 yrs he was trustee) that I agreed to indemnify him from mortgage liability to the trust. I was also given a box of misc. paperwork that was mostly irrelevant to the trust that I made a few copies from and then returned so that they could do the accounting. They filed an accounting, the court deemed it insufficient to look at and gave them more time. They then filed a petition saying I had not given them all the paperwork back and this was preventing them from finishing the accounting. they subsequently withdrew their petition and have now socked me with a petition for failure to give accounting, and breach of trust. They state they sent me a letter requesting the accounting in Sept of 09, every other letter they ever sent me had an accompanying e-mail with the letter attached. Magically this one did not and also magically I never received it. As to the breach of trust, when I took over I found that my brother had refinanced the house in Jan of 08, (I took over in Dec of 08), and had also rented it (piecemeal by rooms) and that the mortgage payment was rising due to insurance being forced in place and taxes changing due to the refinance taking the house out of prop 13. My question is would a motion to strike have merit based on sham as they are not telling the court the whole picture? The accounting that they did produce clearly shows my brother has spent money in violation of the trust and well over what would be his half of the assets. He also used cash from the refinance to pay off credit cards. After he stepped down I got insurance in my name on the property and the mortgage insurer refunded money that should have gone back into the escrow account, but his insurance agent (a relative of his wife) did not ask the insurer to do it that way and he got the check and cashed it.
Last edited:
