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The Executer of fathers estate as well as the trustee of my mothers trust (deceased) has refuse to provide me the information to further my investigation there are moneys missing without explanation, there were loans made with out adequate collateral Example: Executers son borrowed money from my mothers trust to buy a home $63,000.00 he bowered and additional $30,00.00 for improvement. He home today has a market value of 52,000.00Both loan were on a 5 year balloon at 10% my father became very ill in 2000 at which my sister retained the POA. On the advise of the executer the home was sold to a illegal alien from Mexico without application not even a SS # or place of emplacement. For $106, 00.00 at 6% interest my mothers trust carried the note as per the advice of the executer. I’m hoping you understand and that this really did happen, as I have documentation proving it. And this is just one small example of the executer’s wrong doings. My sister spent over $200, 00.00 on personal items

Submitted: 375 days and 13 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
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Optional Information

North Dallas, Texas

Already Tried:
I hired an a attorney $16,00.00 later very little results, I having to do this on my own I have been unable to find attorney that will take case on a contingency basics or pro bono. I have some very serious health problem that forced me to stop working; I am on SS disability and can no longer afford an attorney. As well have ask a question to you before.

Posted by Law Pro 375 days and 13 hours ago.

Answer

What your going to have to do is ask for an accounting - Petition for Accounting - for both your father's and mother's estates and trusts. The court will automatically allow your petition as you are entitled to an accounting.

 

Ask for the accounting back to the date when the person(s) first took control over their estates and trusts.

 

I would highly suggest you retain and attorney to petition the court. Thereafter you can go through the information but you then might be able to rely on their insight in review of the documentation received.

375 days and 12 hours ago.

Reply

The question was how I write a motion or a "petition to have the court appoint an attorney to investigate the problem I'm having? As stated in my email to you I cannot afford an attorney for reasons I just gave.

 

 

I hired an a attorney and $16,00.00 later very little results, I having to do this on my own I have been unable to find attorney that will take case on a contingency basics or pro bono. I have some very serious health problem that forced me to stop working; I am on SS disability and can no longer afford an attorney.

Posted by Law Pro 375 days and 12 hours ago.

Answer

The court will not appoint a master or attorney to review or investigate a past problem. The court will only appoint a master or attorney to handle ongoing estate and trust matters which do not include going back into the past and make a determination of possible past misconduct - that's your job exclusively.

 

Yes, your going to have to hire another attorney or do it yourself. However, I doubt that you could personally handle all that this would take. Additionally, your probably going to have to hire an accountant also.

375 days and 12 hours ago.

Reply

This case is still open, it also has a $300,000.00 that is still on going it has not been dissmiss yet

Posted by Law Pro 375 days and 12 hours ago.

Answer

I'm not sure what that means?

375 days and 12 hours ago.

Reply

 

the case is still pending in probate court. in probate court. The probate was filed march 2005 the judge imposed a $300,00.00 bond on the probate, Evan though the will stipulated that no bond should be implemented.

Accepted Answer

Regardless - your still going to have to do what I stated earlier - the court is NOT going to appoint someone. Your going to have to retain someone to fight for you legal rights here.

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Expert: Law Pro
Pos. Feedback: 98.9 %
Accepts: 
Answered: 11/12/2008

Attorney

19 years experience in estate and trust planning, probate, and wills

375 days and 11 hours ago.

Reply

I'm going ahead and pay this, but I am extremely confused, I was told by a division of the court to present a motion to judge to assign a lawyer to be paid for by the trust and/or estate pay his/her fees. If I could prove that there were any violations of the executers judicial duties. But I guess they were wrong.

Posted by Law Pro 375 days and 11 hours ago.

Answer

No, they are correct if you can already prove that the executor has breached their fiduciary duty. In fact, you can ask that you replace the executor because of their breach of their fiduciary duty if this is an ongoing administration of an estate and/or trust.

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