- 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 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!