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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2387
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I am writing this elderly father who is being screwed over

Customer Question

I am writing this for my elderly father who is being screwed over by his Family Trust Attorney.1. The attorney is telling him that that he can't change lawyers? Is it true?2. The attorney is telling him that he can't control his half of the trust (his deceased wife has the other half) so he can control his property and make loans against his property to cover his expenses? Is it true?3. The attorney is telling him that he cannot make a new trust? Is it true?4. The attorney is telling him that my wife and I cannot attend a meeting with the lawyer to draw up a new Trust because it would be influencing my father, even though my sister and brother in law attended a Trust meeting with the same lawyer, Paid him $4000 and wrote a new trust taking me out of the trust. Would this new $4000 trust be invalid since it was influenced by the sister and brother in law, and since my father is a foreigner, they did not explain what the papers said, but had him initial each page and sign, without knowing the content of the new $4000 trust?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

I have a few questions. Who retained the attorney? Is the attorney the also the trustee? Does the Trust make reference to the attorney? Do you have a copy of the trust?

Customer: replied 1 year ago.
The father retained the attorney because he was Armenian (language issues)The attorney is not a trustee.The trust only refers to the Law office the trust was written in.I do have a copy of father and deceased mother trust.
Expert:  Damien Bosco replied 1 year ago.

From the facts you provide, it is hard for me to understand why the attorney is claiming your Father cannot choose another attorney. Has your Father attempted to speak with a local attorney about the issue?

Customer: replied 1 year ago.
This attorney we are speaking of is rude on the phone and is obviously corrupt. Taking $4000 from a family member to rewrite a trust is pretty corrupt. And no, the father has not spoken to any other attorneys .
Expert:  Damien Bosco replied 1 year ago.

There would be nothing that I know of that would prevent your Father from switching attorneys. As for the trust, once the first spouse does, the trust usually is irrevocable and cannot be changed. This does not mean it cannot be changed for some reason such as it is not viable any longer or does not meet with the original intent, but to change it or to take the money out of it to put in a new trust may need court approval. As to whether you can attend the meeting, it would be up to your Father whether he wanted you to attend the meeting. But the attorney would have a right to decline meeting you. In that case, your Father may want to hire another attorney. It may be best to set up an in person consultation with an attorney. Not sure how the new trust was written. It's hard without seeing all the papers and getting into the details. If your Father does not speak English, possibly you can get an independent interpreter for him.

Customer: replied 1 year ago.
since the trustee of the Family Trust is the corrupt sister that paid $4000 to have the last version of the trust written, does that trustee or the corrupt lawyer have any power at present to prevent my father from exercising his rights to his property and taking loans against it?
Expert:  Damien Bosco replied 1 year ago.

So you are you saying that your Father is not the Trustee of the trust? But your sister is the trustee?

Customer: replied 1 year ago.
As you know, the father is still alive, so the Trust for his half of the trust has not been executed. And the trust for the deceased wife has not been executed, because he is still alive. Unfortunately, the corrupt sister is the trustee of both the mothers and fathers trust upon their death.
Expert:  Damien Bosco replied 1 year ago.

Oh my. If your sister is the trustee, then that is why the attorney is saying that your Father cannot change the trust; or change the attorney. The attorney is your sister's attorney, not your Father's attorney. That makes more sense now. Unfortunately, the only way you would be able to remove your sister as trustee is to become the guardian of your Father and on his behalf. Or your Father would have to hire his own attorney to protect his rights if your sister is breaching her fiduciary duty.

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