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Can I personally sue the trustor of my deceased father's…

Can I personally sue...

Can I personally sue the trustor of my deceased father's living trust (his second wife) for not giving me money for my HOA dues which my father has continued to pay for 28 years and has always helped me even with my mortgage

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

I don't understand your question my father died June 4 2016. My father was a victim of elder abuse and was isolated from his children

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She forged documentation I have proof this was money that was for his children and should've been given to us but she Did three additional amendments which are not my father signature

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Answered in 38 minutes by:
3/12/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,611
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Does the trust say that you are a beneficiary of the trust and the trustee is to disburse money to you for your HOA dues or mortgage?

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thanks

Barrister

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Customer reply replied 4 months ago
All of his children are beneficiaries there was nothing stated in the Wil about the continuation payment of my HOA she knows my father took care of me and all the money is supposed to be for his children not her she did she gifted herself money she’s living in the home which my father purchased which is also in the trust as I stated before My father was a victim of elder abuse and she kept us from him my father had Parkinson’s I don’t even want to get into that I just want to see if I can personally sue her in small claims court for my Hoa fees my father was also on title to my home I wrote a letter to her saying that he was financially responsible and her lawyer took his name off and said pay it yourself and this is a huge issue and I know that it would cost a lot of money to go to a estate lawyer I dont have nor do I want this state eaten up by lawyer fees. I am a member with Kasem Cares, Kerri Kasem The whores that I went through to see my father

Ok the terms of the trust control what happens to assets in the trust... So if it doesn't specifically state that the trustee has to give you a certain amount of money for some purpose, then the trustee wouldn't be legally obligated to do so. What your father did while living doesn't carry over to his trust after he passed unless he put specific instructions in the trust.

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So I hate to say it, but unless the trust says the trustee has to, I don't see any legal grounds for you to sue the trustee for a disbursement for your mortgage or HOA fees..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister

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Customer reply replied 4 months ago
I totally understand about while my father was living Anything could’ve been changed while she’s the one that changed it and she did not let us see our father there’s an elder abuse report that have been filed with the California adult protective services by her own daughter inlaw. We would call the home and it was he was sleeping and my father lived 140 miles one way from us like I said I’ve got proof that my father was unaware of the three amendments where she added herself onto the trust there was also a prenuptial agreement with no sunrise clause whatever my father had before he married her was his children and hers was for her children so I guess unless I go to a estate lawyer and show proof of what she did to my father I can’t get anything until the woman drops dead A living trust that was written to disperse the money is after he dies has now been changed to her gifting her self money her taking money to pay taxes maintenance on the property which my father had stated prior that she was to pay for which also the money sitting in stocks and she is getting the interest I’m sure my father didn’t want the money to sit so she could earn interest off of it it was for his children as you can see I’m very upset over this whole situation and I don’t hear anything about elder abuse being brought up which I have proof of how do these people get away with stealing the estates of others, How hard is it to get a thumbprint from sleeping man and when you use the notary at Del Webb where she lives two blocks away on the addendum‘s there’s no author of who wrote them my father had a lawyer draw up his living trust that lawyers name is ***** ***** the three addendum‘s like I said it’s not my father signature he couldn’t even sign his name because it has Parkinson’s Sorry if I sound like I’m venting to you but the system stinks and needs to be changed and living trust need to be processed in transparent way that everybody would be advised if something has been changed. I guess this will have to be my goal with Kasem cares
Customer reply replied 4 months ago
To upset to talk on phone Thank ypu

I can understand your frustration, and this is a lousy outcome. But with regard to living trusts, it is the maker's decision as to what to do with their assets, not the potential beneficiary, and the maker can change their mind about gifts and what they want to do at any time up until death unless they are deemed mentally incompetent. So if a maker decided he wanted to put A and B in his trust to receive something and then a week later decided to remove A and replace them with C, that is his/her business and they don't have to notify or get permission from a potential beneficiary to change who they want their assets to go to. The law makes this entirely confidential as it should be..

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With that said, that does leave the door open for instances of fraud if the maker of the trust chooses the wrong trustee or doesn't make things permanent, as with an irrevocable trust. So yes, with a revocable trust, the new wife could have talked him into changes or even potentially done things without his knowledge. But there are only so many steps that can be taken to safeguard the system and if the criminal has a notary on payroll who is willing to violate the law, and and an attorney the same way, then they are going to violate the law.

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And if they are sued in court by a beneficiary, they will close ranks and swear up and down in court that it was father's idea and his decision and he directed them to do this and he was completely competent when he did it.. And unfortunately a judge will believe them because they presumably have nothing to gain from this... which may or may not be true..

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I hate to say it, but sometimes the bad guys win..

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Customer reply replied 4 months ago
you are right thank you I know this is a very involved case and it is so sad that this happened to my father Which I know he was totally unaware of he was 91 when he passed. My fathers sister Will be 91 this April and is in great health. Mahalo ***** ***** time

You are very welcome. Glad to help, even though the news is kind of lousy..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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All the best to you and yours.

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,611
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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