How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114028
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
Type Your Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My parents left a trust and will equally dividing to the penny

This answer was rated:

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.
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.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Customer: replied 3 years 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.


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 3 years 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

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. and 2 other Estate Law Specialists are ready to help you

Related Estate Law Questions