Thank you for your answer, Fred. As always, very helpful. But my question was pertaining to actually filing our case with the DA. One attorney told me that it would be essentially a waste of time, but I feel that anything that we can bring against our brother, whether the DA accepts the case or not, will help us build a case against him in the future. Would you recommend that we make a formal complaint with the Sheriff's department in our jurisdiction then file with the DA's office as I have read on the Internet, or simply drop our entire case? Also—do you think that our conservator (whom we are paying a lot of money) be made responsible for this hidden transaction, and that we might even think of firing her and replacing her with someone better?? Thanks.
On the subject of conservatorship, Fred, I think that our court-appointed conservator is a total joke. She rarely returns our phone calls or emails, and has failed on every occasion to prevent our brother from pillaging what remains of our family inheritance.
Question One: Should we try to fire her and replace her with someone better equipped to handle our problems? And, can we even hold HER responsible for allowing this SECOND theft by our brother (apparently,
he has stolen $200,000. before, using this same HELOC mortgage loan deal). She's been charging us by the hour for years, yet has apparently done NOTHING to prevent these unauthorized thefts!
Malfeasance is a comprehensive term used in both civil and Criminal Law to describe any act that is wrongful. It is not a distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives rise to, or somehow contributes to, the injury of another person.
Malfeasance is an affirmative act that is illegal or wrongful. In tort law it is distinct from misfeasance, which is an act that is not illegal but is improperly performed. It is also distinct from Nonfeasance, which is a failure to act that results in injury.
The distinctions between malfeasance, misfeasance, and nonfeasance have little effect on tort law. Whether a claim of injury is for one or the other, the plaintiff must prove that the defendant owed a duty of care, that the duty was breached in some way, and that the breach caused injury to the plaintiff.
Here's the BIG question, Fred.
Our attorneys are bleeding us dry, not helping us at all. Is there any way to make our older sister both conservator of Mother's finances AND Conservator of the Person? Would it be difficult to oust our court-appointed conservator, and approx. how much would it cost? We're getting killed by legal fees... it will be doubtful if anything in our inheritance is left after all these abuses.
Just left you a little bonus... not much but we're cash strapped!
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