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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 91005
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My parents left a trust and will equally dividing to the penny

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My parents left a trust and will equally dividing to the penny all assets to three brothers (me as the disabled on SS Disability). My older moved moved to be guardian and shorted me in ditribution and as well treasure hunt 15k the 15K was distributed as he beat me on jan 18,2011.
Only he had access and knowledge of the funds. Subsequent funds of 60K were found about 18 months ago, again only he knew where they were and a cat and mouse game with lawyers eating the principle, chased it's where abouts. I was lead to believe the 15K was part of it . Treasure Hunt said no.

He also used his son (A 30 YEAR OLD LAWYER AS A NEGOTIATOR AND PAWN WHEN my money WAS whittled down with me the most desperate for the funds. The distristributions ,I thought included the initial 15k . The treasure hunt people broke protocal ,excluded all lawers and sent 3 checks equally divided (the trust was over.)

1) did he breach his fiduciary duty. Did he hide the money against a disabled elderly person and I can use the DCF.?
2)his son , I believe, is in an adversarial position. I hate to do it, but he's benefited my brother and his father punishable by a judge and the Bar.

If it were just the 15K small claims court for the 5k due me may be easiest, but dragged out with other monies missing over 2years but just found out brings my share up towards 20k total.
Advise?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he as guardian took money from you that you were entitled to it could be considered theft as well as financial abuse of the disabled and you do need to file a complaint with DCF. You should also consider that you will need a local attorney eventually to pursue your money by suing him for breach of fiduciary duty and theft from your account.

His son could be liable to if he participated in this theft and could possibly face bar sanctions.



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Customer: replied 11 months ago.

Breach and the "shell game" are foremost anwers I
thought yuo would say.


So can the DCF, Prosecting State Attorney be my free lawyers and let them pay for their own as I did out of my pocket vs them using the trust funds. I feel the threat of the law on my side /with the DCF may move them the quickest.


Agree?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

DCF and the state attorney can only pursue criminal charges and possibly obtain criminal restitution, but they would not pursue a civil suit for you I am afraid. Of course, if they can get criminal restitution then you would not need a civil suit.
Customer: replied 11 months ago.

Wouldn't breach of fiduciary duties and theft of my share of funds qualify as criminal? again hieing another lawyer to eat the prin iple is contrary to getting less and going for the 1/3 of the 15K in small claims court.


I have the trust -it's very clear, I know thw check was sent to the trust he controlled, per Treasure Hunt's letter. .


Do my statutes get tolled by being disabled and worth another lawyer -can they be court order to pay his fees if "on the come" with some younger lawyer digging all the missing money up. There are clear paper trails.


 


I do not have funds to lay down a civil suit with an attorney for what may be under $80-90K

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

No, breach of fiduciary duty is not necessarily criminal. Theft is criminal. I did not say anything otherwise above. The DA and DCF can pursue charges, but whether or not the court orders restitution is up to them. If the court does not order restitution, which is not a part of a sentence and optional to the court, then you have to go to civil court to sue.

Your statutes are not automatically tolled because you are disabled. They are only tolled if you can prove that you are so incapacitated that you could not know to bring suit within the statute of limitations.

The court can order that they pay your legal fees for having to sue them on this matter, yes.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 91005
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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