Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

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

all assets to three brothers...
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.
Advise?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 9 minutes by:
11/12/2013
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 119,433
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
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 http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Ask Your Own Estate Law Question
Customer reply replied 4 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.


Agree?

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.
Ask Your Own Estate Law Question
Customer reply replied 4 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.
Category: Estate Law
Satisfied Customers: 119,433
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
Law Educator, Esq. and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 119,433
119,433 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
How do you get proof of ownership of a deceased relative.
Hi, How do you get proof of ownership of a deceased relative. … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,015 satisfied customers
I signed a letter to accept inheritance money approximately
I signed a letter to accept inheritance money approximately two weeks ago.. I still have not received any check. Should I file a motion for Show cause, if so how? The lawyer said I should have the mon… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
Why would i need a letter of probate to get the remaining
why would i need a letter of probate to get the remaining amount of my father's fund? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,871 satisfied customers
My father (unmarried) passed away without a will, but I'm
My father (unmarried) passed away without a will, but I'm the only child. What documentation would I need to present to the bank to claim the balance of his account?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
I was listed as second beneficary in. My cousin life
I was listed as second beneficary in. My cousin life insurance. Policy. The first beneficary died. The executor of the will and his lawyer refuses to give me any information. Since I don't know the li… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,162 satisfied customers
My mother who is 87 years old recently added me, her adult
My mother who is 87 years old recently added me, her adult son to her savings account as a joint owner. Am I an equal owner of the account? If so, would there be tax implications if I transfer money f… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WOULD LIKE TO KNOW WHAT IS NEEDED TO TRANSFER FUNDS TO
I WOULD LIKE TO KNOW WHAT IS NEEDED TO TRANSFER FUNDS TO AMERICA CONCERNING A WILL NEXT TO KIN WHAT IS NEEDED FOR DOCUMENTS AND COST … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
As an heir to my mother's estate, I am having a great deal
As an heir to my mother's estate, I am having a great deal of difficulty with the lawyers. My lawyer is rude and demeaning. The lawyer HE put in place because of the legal issues with my brother (usin… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,433 satisfied customers
I have lived with a man for 10 years. He recently passed
I have lived with a man for 10 years. He recently passed away with out a will. He is a beneficiary of a family trust. He receives monthly disbursements. He has one adult child. Do I have any legal cla… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
How does the Executrix of an estate in Ga have to finalize
How long does the Executrix of an estate in Ga have to finalize distributions? Some of it went into a Trust, and she is also the Trustee—the estate's antiques are sitting in the deserted house now ove… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
My grandparents in their trust left my son funds that I am
My grandparents in their trust left my son funds that I am the trustee too. Per the trust he gets 1/3 at 25, 1/2 at 30 and the rest at 35. He just turned 25. At the time of my grandmother death, I was… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
How are you? I live in Californis, but my parents lived and
I live in Californis, but my parents lived and passed away in Michigan. I am the only person named in their will so their house is mine. I was told by my lawyer that I would get the profits upon selling, now he tells me that Medicare will take 93 out of 97,000 I will make on it because she was hospitalized with alzheimers the last few years of her life and I am now responsible for that Bill if I sell my inheritance (the estate). I have been dealing with this man since their death almost 2 years ago and first he told me that it we old be on my death. Now, since I told him that I was going to put a down payment on a house with the money, he suggested I put Medicare on as a second mortgage holder so they c old just take it whenever they wanted it. What recourse do I have here. Why am I responsible paying for my mother's medical with my inheretence? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
My son passed away and had no will and was unmarried with
My son passed away and had no will and was unmarried with one alleged son. I do not believe his son should inherit his home if I am not sure that he is his child. Can I contest the distribution of pro… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
Woman wants to be named independent administrator & wants to
Woman wants to be named independent administrator & wants to file a consent to serve as independent administer without bond. Only problem is one brother has passed, one is in prison, & sister was name… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
My underage niece is the beneficiary of a Last Will and
My underage niece is the beneficiary of a Last Will and Testament and sister is the executor. The deceased date of death was the second week in September. He was behind on several debts some of which … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
When I filed for divorce my husband transferred 1.3 million
When I filed for divorce my husband transferred 1.3 million dollars to his brother and mother. When it was caught, the money was frozen AFTER the brother used 180,000 to pay off his house. I want to p… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Trust & Estate law question. California. A Revocable Trust.
The trust was for a person who passed away in 2007 but allowed one daughter to live there for two years which she instead lived their for ten years and in March sold the home. I am one of the beneficiaries but have not been notified on the progress of the payout or not given any details.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
It's complicated. My sister died and her oldest daughter was
It's complicated. My sister died and her oldest daughter was executor of the will. My sister had sold her house to said daughter and her husband. My sister was in a nursing home at the time of her dea… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x