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I am in the federal court.For almost three years the defendants/trustee

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have been taking trust funds...
I am in the federal court.For almost three years the defendants/trustee have been taking trust funds to pay their legal fees.

Since June of 2008 the trust should have been paid out per the grantors direction in the language of the trust.To me that is a breach of fiduciary duty.

They are looking at a TRO and a temporary injunction.I am told these aree difficult as you must show irreputable damage,innability to pay judgement and no other remedy.

On top of the legal fees are $2.5M of unaccounted for funds.

We only have one chance


What would be your opinion
Submitted: 7 years ago.Category: Business Law
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9/3/2010
Business Lawyer: Richard - Bizlaw, Attorney replied 7 years ago
Richard - Bizlaw
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Satisfied Customers: 10,703
Experience: 30 years of corporate, litigation and international law
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Hi how are you doing. My opinion has not changed from what it was before. What is your question?
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Customer reply replied 7 years ago

My question is we must do it right the first time.You have indicated to me is is quite difficult to obtrain either a TRO or teemporary restraing order./There are 45 pages talking about legal fees case law other money being taking out but it seems all they have to do is come into court and show the ability to pay.I dont know if that is only the legal fees or a potential judgement.

 

They do not show the forgery or tthe fraud from the insurance trust.I have nort given up my right to sue and in fact an attorney is reviewing the case.Is their some reason we should not disclose to the court what they did with six forgeries,fraud twice,my the 2006 trust.I do not see why that is not part of this case.If would definantly destroy some of their credibilty and also help with the appellate court.

 

Back to the first question.What if we hold off on filing for one week.Take the depositions of the doctors bring in witness and plead along with everything we have.To me that is almost a guarrantee either with the Judge or appellate court the assets will be frozen

Customer reply replied 7 years ago

Please disreggard the last question that I sent to you

 

My question is we must do it right the first time.You have indicated to me it is quite difficult to obtrain either a TRO or temporary restraing order.There are 45 pages talking about legal fees case law other money being taken out but it seems all my sisters have to do is come into court and show the ability to pay.I dont know if that is only the legal fees or a potential judgement.

 

We do not show the forgery or the fraud from the insurance trust.I have nort given up my right to sue and in fact an attorney is reviewing the case.Is their some reason we should not disclose to the court what they did with six forgeries,fraud twice,my the 2006 trust.I do not see why that is not part of this case.If would definantly destroy some of their credibilty and also help with the appellate court. I do not knowe how we can file for a preliminary injunction without this.My mother was a live she could have taken the p[olicy baclk.Her daughters decided they wanted $420,000.The once again forged the supposid trustee signature,my uncles,and mine.Please let me know

 

Back to the first question.What if we hold off on filing for one week.Take the depositions of the doctors bring in witness and plead along with everything we have.To me that is almost a guarrantee either with the Judge or appellate court the assets will be frozen

Business Lawyer: Richard - Bizlaw, Attorney replied 7 years ago

I responded to your other post. I would wait for the week to get the doctor's deposition. Make sure you get an expedited transcript because otherwise it will take two or three weeks before you get the transcript of the deposition and you need the deposition transcript to include in your motion papers. One of the critical standards you must meet is that you have a probability of success on the merits so you must put in proof to establish that you will succeed on the merits.

 

You are correct that if your sister's show they have the ability to pay a judgment the court will deny the injunction because you have an adequate remedy at law. However, the forgery says that they are exercising power to which they are not entitled and that is an independent basis for the injunction even if they have the ability to pay a judgment.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,703
Experience: 30 years of corporate, litigation and international law
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Customer reply replied 7 years ago

I keep forgetting things.The 18 years of accounting is for another day however last year the Juidge three out 2006-2008 as there was no backup.

 

It have been over one year but nothing has happened and it is probably my attorneys fault

 

So after the incapacity was the insurance fraud,then $1.0M from an incapaced grantor,

 

After her death $500,000 in personal legal fees

 

The 1.5M is the reason they have not given us the last three years of accounting.We have no idea of where it went.

 

Last is a trust that was to be paid out 2-1/2 years ago.The reason this has not happened is to buy their way out of the lawsuit and spend my money to defend themselves.

 

If some one who knew how to write pleadings put all of this together it would be pretty strong.

 

Please tell me where I am off base so when I write him a letter on the course I want to take I am not off course.

Customer reply replied 7 years ago

Sir ,

Just so we are on the same page on the fraud and forgery

 

1.1987 I purchased a $3.0M whole life policy on my mother and made my uncle sole trustee.Trust was set up but my mother had a buy back priveledge.

 

2.2006 November 10th mother incapacitated,uncle is forced off by deceit and fraud

 

New trustee is not a trustee as signature is forged.

 

The trust attorney knowingly notarized a forged signature

 

3.November 18th 2006 incapacitated grantor signs trust agreement removing her sister as successor trustee daughters take her place.

 

4.April 4th $420,000 removed from the insurance trust, using six signatures including mine

 

This one has always baffeled me.It is not their money, fraud,forgery if my mother was competent she would have sued. This was not in her living trust but somehow could we not used the competency andle?

 

$420,000.My motrher was still alive with a buy back provision

 

Prudential sens to federal court.I agree to release innocent trustee and release the trust funds.I have three years to sue and did not release the trustee and either did the executor. This is what you were talking about when you said usew the forgery and fraud?

Business Lawyer: Richard - Bizlaw, Attorney replied 7 years ago

The forgery invalidates the actions based on the forged signatures. Thus, the $4420,000 improperly withdrawn. The fraud resulting in improper change of trustee and forgery of signatures to put in place new trustee improperly invalidates all actions taken by the new trustees. This gives the basis for freezing the trust fund until the case is resolved. The improper appointment of trustees justifies the injunction which is effectively what the freeze will be even if the sisters have the resources to pay a judgment.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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