I am pro per in a California probate litigation matter. Current successor trustee is w/counsel paid for using trust assets. Trustee/beneficiary has filed petition to approve first and final acctg, and approve distribution. Settlor has living trust, however trustee's atty advised him to file petition given that all remaining benes strongly contested the valuation of primary asset (residence). Since petition was filed, I have discovered numerous acts demonstrating fraud, breach of fiduciary responsibility, concealment, and other legal terms suggesting the trustee in his role has acted only to benefit himself at the expense of the other beneficiaries. I have indisputable physical proof of allegations being made against trustee.
Trustee held right to purchase property w/in 2 yrs of settlor's death. Property had to be properly appraised, and was to be sold using specific realtor. Property had been destroyed in Cedar fire while settlor was living, and in the course of insurance claim being paid out died. Successor trustee assumed role and began to rebuild residence. I have evidence from insurance company that proves trustee received $130,000.00 more than he has accounted for in his petition. In addition, his appraisal submitted to the court reveals that only one parcel of property was appraised. Total trust property involves 3 distinct parcels, and he has identified all three in his petition. Not to mention that his appraisal was completed long before the reconstruction was complete (8 months). Fair mkt value is no less than 2x what he claims based on MLS comps. Despite trust provisions no realtor (or the named) was involved. Property was never listed. Without transferring title he has taken out 2 loans totaling 580k against property still in the name of trust. Those loans and interest have also gone unaccounted for. Addl. proof he has not purchased is the use of trust assets to pay property taxes. Finally, it is common knowledge that settlor had several life insurance policies which named trust as beneficiary. He has not accounted for them or any other checking, savings, investment accounts held previously by settlor. My immediate objective is to successfully object to proposed petition. However, it is critical that he be removed quickly to protect against further loss of trust assets. How do I properly file a petition for his removal and demonstrate the need for the court to intervene quickly, appoint an interim fiduciary, and take control of trust property currently in his possession amidst his petition to approve his grossly inaccurate accounting? While I do not practice law, I am a CFP, and deal with estate planning issues often. I am now representing myself in this matter pro per after I retained an attorney who over the course of the last 10 months misrepresented actions he had taken on my behalf, and had never filed such petitions, or requests for ex-parte hearings, despite claiming to. He was paid more than 20k, and yes I intend on dealing with him later. However, given my familiarity with the case and that I alone conducted all discovery. I am unwilling to retain new counsel (although I have interviewed 4 lawyers) and pay an additional 10k just as a retainer only to have them drag this matter out longer while they attempt to get up to speed. I believe I have sufficient evidence to justify the removal of the trustee. Once that is complete the new trustee can retain forensic accountants using trust assets to properly locate all the assets of the trust. I am seeking advice on what I must do, what docs need to be filed to be able to demonstrate to the court the immediate need for the trustee's removal?
Trustee held right to purchase property w/in 2 yrs of settlor's death. Property had to be properly appraised, and was to be sold using specific realtor. Property had been destroyed in Cedar fire while settlor was living, and in the course of insurance claim being paid out died. Successor trustee assumed role and began to rebuild residence. I have evidence from insurance company that proves trustee received $130,000.00 more than he has accounted for in his petition. In addition, his appraisal submitted to the court reveals that only one parcel of property was appraised. Total trust property involves 3 distinct parcels, and he has identified all three in his petition. Not to mention that his appraisal was completed long before the reconstruction was complete (8 months). Fair mkt value is no less than 2x what he claims based on MLS comps. Despite trust provisions no realtor (or the named) was involved. Property was never listed. Without transferring title he has taken out 2 loans totaling 580k against property still in the name of trust. Those loans and interest have also gone unaccounted for. Addl. proof he has not purchased is the use of trust assets to pay property taxes. Finally, it is common knowledge that settlor had several life insurance policies which named trust as beneficiary. He has not accounted for them or any other checking, savings, investment accounts held previously by settlor. My immediate objective is to successfully object to proposed petition. However, it is critical that he be removed quickly to protect against further loss of trust assets. How do I properly file a petition for his removal and demonstrate the need for the court to intervene quickly, appoint an interim fiduciary, and take control of trust property currently in his possession amidst his petition to approve his grossly inaccurate accounting? While I do not practice law, I am a CFP, and deal with estate planning issues often. I am now representing myself in this matter pro per after I retained an attorney who over the course of the last 10 months misrepresented actions he had taken on my behalf, and had never filed such petitions, or requests for ex-parte hearings, despite claiming to. He was paid more than 20k, and yes I intend on dealing with him later. However, given my familiarity with the case and that I alone conducted all discovery. I am unwilling to retain new counsel (although I have interviewed 4 lawyers) and pay an additional 10k just as a retainer only to have them drag this matter out longer while they attempt to get up to speed. I believe I have sufficient evidence to justify the removal of the trustee. Once that is complete the new trustee can retain forensic accountants using trust assets to properly locate all the assets of the trust. I am seeking advice on what I must do, what docs need to be filed to be able to demonstrate to the court the immediate need for the trustee's removal?
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