Trust Litigation Questions: Objections to Accounting - Settlement, Costs, etc.

PR660

Member
Jurisdiction
California
Hello: I'm hoping this is the correct category...

I am into it over $40,000 now and my legal counsel is currently in Trust litigation (objections to the accounting of Trust) for "bad things" done on behalf of the Trustee (my sibling) and Counsel for Trustee (of the Estate) upon the death of my mother in 2014. The single asset in the Trust was her home that was sold in 2015 for $1.2 million.

After dozens of unanswered certified letters, emails and phone calls, I threatened with legal action. We, the beneficiaries received the first accounting for review in late 2019. The Trust/Estate attorney was in a hurry to have everybody sign-off on it, but I actually read it and discovered some "bad things." The other two beneficiaries (my siblings) signed it.

There were/are valid objections, among other things: 1) Trustee used trust assets to secure a $300,000 bridge loan which cost the trust/estate a total of $55,000, 2) the only trust asset was a home valued at 1.7mil (sold in 2015), yet "attorneys fees" for settling the estate are $75,000.00
I lived on the property to cleanup 45 years worth of stuff in the house, garage and attic, while on crutches. 3) Without notice, the accounting charged me $30,000 for "rent."

I have emailed my legal counsel the following questions and they get back to me about the case, but never specifically answer the questions:

1) What is the defense for our valid objections?

2) Will the ruling accommodate for "time value of money" and INFLATION/CURRENCY DEVALUATION through all the time (almost 8 years) that has passed?

3) Who is paying for the defense?

4) I have read that successful plaintiffs are typically reimbursed for legal expenses in these cases. Please comment.


Thanks very much in advance for any commentary!
 
I'm going to start by pointing out that a trust and an estate are two different things (although some folks will use the term "trust estate," I don't get the sense that's what you're doing), and it's not entirely clear how things connect between the two, except for your statement that the trust's only asset was your mother's home.

the only trust asset was a home valued at 1.7mil (sold in 2015), yet "attorneys fees" for settling the estate are $75,000.00

This is a good example of what I mentioned above. It's a bit of a non sequitur to mention the trust's single asset as though that has relevance to the fees "for settling the estate."

With that said, California has a statutory schedule for attorneys' fees for the attorney representing the personal representative of a decedent's estate. The attorney gets 4% of the first $100k, 3% of the next $100k, 2% of the next $800k, 1% of the next $9 million, and 0.5% of the next $15 million. If the estate is worth more than $25 million, then the court determines what is "reasonable." If you do the math, you'll find that, in order for the attorney to be entitled to $75,000 in fees, the estate would have to be worth $6.2 million.

I lived on the property to cleanup 45 years worth of stuff in the house, garage and attic, while on crutches. 3) Without notice, the accounting charged me $30,000 for "rent."

It's certainly reasonable for you to pay fair market rent. Over what period of time did you live there, and whereabouts is the property located?

I have emailed my legal counsel the following questions and they get back to me about the case, but never specifically answer the questions

You don't expect anyone here to be able to answer the questions you asked, do you? The only one that anyone here could answer would be #4, and the answer to that one is maybe.

If you asked your attorney questions and he/she didn't answer your questions, then follow up with him/her.
 
I am into it over $40,000 now and my legal counsel is currently in Trust litigation (objections to the accounting of Trust) for "bad things" done on behalf of the Trustee (my sibling) and Counsel for Trustee (of the Estate) upon the death of my mother in 2014. The single asset in the Trust was her home that was sold in 2015 for $1.2 million.


You are represented by an attorney.

You should ONLY speak to YOUR attorney, not anonymous, internet entities.
 
There is a difference.

May is a modal verb that expresses only a degree of certainty.
Do you really think I was asking what the difference between certainly and may was? Or was the question about whether or not OP could charge for his labor to clean out the house if the estate was charging him rent?
 
Do you really think I was asking what the difference between certainly and may was? Or was the question about whether or not OP could charge for his labor to clean out the house if the estate was charging him rent?

Then, is it or is it not reasonable for the OP to charge for his labor to clean out the house if the estate was charging him rent?
 
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