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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Helped me before. I live in Los Angeles. I have been the

Customer Question

forCustomerYou helped me before. I live in Los Angeles. I have been the caregiver for my parents for 11 years. (Mother passed away 34 years ago.)Last year, my brothers filed for an Affadavit for Successor Trustee for my father, without discussing it with me first.Now they are breaching the trust in regards ***** ***** father's wishes in these ways:
1. Intervivos Revocable Trust states my parents want to stay in their house no matter what- even if more expensive for healthcare , until all their assets are gone. When the time came for my father to need a 24/7 caregiver because I couldn't leave him to go to work at night, my brothers wanted to sell the house to pay for the caregiver($5400 per month). They would not consider a reverse mortgage, said too expensive ,a scam, etc. But my father desperately wanted to stay in his home and this way he could. They voted against me and sold the house. He went to live with my brother along with caregiver. After a couple of months my brother(Andy) said he may put my father in a facility! Has said so several times, and I think he is getting ready to do it now.2.They are doing very questionable things with the money we received from the sale of my father's house. Without my knowledge, they took the money out of the existing bank account that had all three of our names on it and attempted to open a new account at another bank without me! The bank officer did not allow them to do it; She called me with them there and said all three of our names needed to be on the account. Said I need to come in to sign. This raised a red flag of alarm with me. When I got to the bank later that day the brothers were gone. The bank officer said they wanted me to sign a certificate of trust, where 2 signatures were required for checks. She told them the bank doesn't police these checks anymore but my brothers insisted. I was very nervous about this and told her I would talk to Andy..
When I asked Andy about this, and said that the bank doesn't police these checks anymore, he told me he would talk to his lawyer and try to find another bank! I found out later that the two brothers opened an account with Andy's credit union and refuse to put my name on it! I asked to be put on and they refuse. I asked for a report of all monies going in and out of the account, and they refuse. I asked for the HUD 1 statement for the sale of the house. They refused. I had even asked to be involved in the sale of the house, but they refused. Said not necessary. They wouldn't even tell me what the house sold for, but I checked on and found it sold for $640,000.
4.They put my father in hospice without discussing it with me!
The Trust says all business regarding my father should be discussed by all Trustees. If no unanimous decision, then a 2/3 majority rules. They don't discuss anything with me regarding all these important events.
5. Last July, when My father was still living in his home, Andy told me the roof looks bad. He sent over a roofer who said the roof would cost $6000. I told him that after remodeling the kitchen and getting a new much needed $13000 fence, and paying $23,000 for my mother's funeral, my father's bank account was low. We made an agreement that I would lend the$6000 for the roof , to be paid back as my father got the money to do so. The next day my older brother Joseph came to the house and Andy and I told him of the agreement, and he said OK. Now after the house is sold, my brothers won't pay me back!! Many phone messages and texts and emails later, Joseph said he never agreed to the loan!Can I take steps to have my brothers removed as Trustees? This loan event shows they are failing to handle my father' bills correctly. They are not involving me in major events in my father's care and well-being .I am at my wits end. I have had to be careful when speaking to Andy on these subjects, because he would threaten to put my father in a facility. He will only let me see my father once a week for 1 hour as it is. He made me take my father's companion dog away, too, because he doesn't want to take care of it. My father misses the dog tremendously and always asks me to bring her over, but Andy won't let me. So sad for my dad.Please help. I can answer any questions you have.
Thank you.
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
Should I take my brothers to Small Claims court to sue for the roof loan first? It would be a derogatory mark on their record as Trustees, showing they are not handling our father's business correctly.Also, I should tell you that several years ago , as I was taking over more and more of the handling of my parents' affairs, my sister-in-law said I should put my name on their accounts so I could write checks. She said she had to do it for her mother. She said if my name was not on the account , and my parents were to become incapacitated or die, the State would take over and I would not be able to get to their money. So a couple of years later, my parents and I went to the bank and we did that.(my sister-in-law now denies saying it....but how else would I know her business regarding her mother?!?)
When my father mentioned it to my brother Andy a few days later, Andy went ballistic and told my father he was going to have me arrested! a few days after that, a person from Adult Financial Abuse came over, followed by LAPD dectectives! Of course, nothing came from this. They told me things like this happen often in families when it comes to money. My mother was traumatized and heartbroken; she knew her family was broken.This caused a terrible rift between my brothers and myself, but we don't let on in front of my father.
Customer: replied 1 month ago.
There are more examples I can give you, if you need, to prove my point of my brothers not taking care of my father's wellbeing.
Let me know.
Customer: replied 1 month ago.
I hope I made it clear that the Trust, and the Affadavit of Successor Trustee, names my two brothers and myself as the 3 Co-Trustees.
Expert:  socrateaser replied 1 month ago.


For purposes of full disclosure, according to your account history (which may be incorrect), I have never actually helped you in the past. Each time you have requested my assistance by name, someone else has answered before I had any opportunity to discover you were asking for me.

That said, in my view, your question is far too complicated for this forum. I wouldn't know where to start. Fortunately, unlike the two attorneys who previously assisted you, I actually practice law in Southern California. Unfortunately, I can't afford to work for free. If you're interested in a thorough review of your circumstances and possibly some actual and direct legal representation, I will send you a premium services offer and we can take this matter offline.

If not, then please let me know, and I will opt out, so as to permit others to provide further assistance.

Thanks in advance for using Justanswer!

Customer: replied 1 month ago.
Thank you for responding. I think I did actually work with you at least once, tho. No problem. You said the previous lawyer, Barrister, was from Kentucky, while you are from Los Angeles.
I will ask the question again though. And I will work with whomever answers. It is alright. I just wanted to know if I ad a chance of a case to go forward in this regard. .
Expert:  socrateaser replied 1 month ago.

Interesting. That conversation is not in your account history.

Anyway, I'm in the middle of drafting an appellate brief, so I'll reopen the his question and I'm sure someone else will be happy to assist you further.

And, if you change your mind, and you need real help, I'll be around.

Thanks again for using Justanswer!

Customer: replied 1 month ago.
Sorry for the confusion.. The time I worked with you I had a different account, which I had to change over to this account. It was a free account which I ended a few months ago,and had a problem renewing.
No problem. I can work with someone else. Thank you anyway!
Expert:  socrateaser replied 1 month ago.

I, too am sorry for the confusion. Again, if you change your mind, and you need some real assistance, please let me know and I'll be happy to help.

Best wishes.

Customer: replied 1 month ago.
Oops! and I had a typo. My mother past away 4 years ago.. not 34 years ago!
Expert:  socrateaser replied 1 month ago.

Okay, thanks. (n.b., every time you post something new in this Q&A session, it sends the question back to me. Please wait for someone else to engage, otherwise no one will, because they will think I'm still answering the questions.

Thanks again for using Justanswer!

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