Uncle stole trust assets and is now evading probate court service

[djohnson177]

Jurisdiction

California

To simplify the story my grandmother died at the end of 2019 and had a irrevocable trust naming my mother and one of her brothers as trustees with all of her other children being beneficiaries. Outside of personal affects, her only major asset was her home. The house sold and since my uncle ensured my mom that he was speaking to a lawyer, she went forward with the sale without proper trust procedure. Half of the money was given to my mother while the other half to my uncle in order for them to distribute equally between all beneficiaries. He has seemingly taken off with the money and a probate petition was filled in order for him to be removed as trustee and for all assets to be returned. It has been a year and it seems as if he is hiding and purposely evading personal service. In addition to this he has been transferring major assets in his name to his sons. Would a substitution service be possible for this case? Is it possible for criminal charges to be filled in order to bring him into court for theft? He has possible locations in multiple states and a private investigator is a last resort option as it could cost upwards of $10,000 to serve him in person.

 

[army judge]

I suggest you or someone speak to the appropriate law enforcement agency or someone in the county prosecutor's or district attorney's office.

A criminal charge against someone might be possible.

 

[zddoodah]

The house sold and since my uncle ensured my mom that he was speaking to a lawyer, she went forward with the sale without proper trust procedure.

So...the house sold before she died? Also, what do you mean by "proper trust procedure"?

Would a substitution service be possible for this case?

Substitute service (typically referred to as "sub-service") under section 415.20 of the Code of Civil Procedure is possible in almost every situation involving service of process, including this one. Is the person who filed the removal petition represented by an attorney?

Is it possible for criminal charges to be filled in order to bring him into court for theft?

You're free to contact the police and/or district attorney to discuss this. I suspect, however, that they'll do nothing and tell you, "it's a civil matter."

a private investigator is a last resort option as it could cost upwards of $10,000 to serve him in person.

Sure, it could cost that much, but it's not likely. How much money is at issue?

 

[Zigner]

... she went forward with the sale without proper trust procedure.

Not sure what that means. Generally (but not always), a trustee is able to sell assets in the trust. Do you believe that the trust prevented such an act simply because it is "irrevocable", or due to some other reason?