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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116755
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Everyone is considered hostile* Thing have progressed with

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Goodmorning Gentlemen, *everyone is considered hostile*
Thing have progressed with this biased Judge. We are going to go back in time. The trustee (Step-Dad) was accused of fraud and neglecting his duty to supply a copy of the Trust and Will. 10 months after Mom died he did finally supply it. My brother took him to court to prevent him from assuming the position of trustee. The court asked the trustee for a net worth statement. He failed to report $2.2 Million of a $3.2- $3.5 Million Dollar Trust. The trustee was 84 and claimed ignorance.He the denied that a jewlery bequest existed. My brother had a single sheet that Mom had start gramatical corrections on in her "Parkinson's handwritting". The judge admitted it and ordered discovery.
The Trustee and his attorneys blackmale my brother with Mom's $1.5 Million dollar IRA that she started for my brother and myself the year I was born, 1963. The trustee was made beneficiariy when the trust was started in 1993. for 30 years prior tio the creation of the trust, we were the only beneficiaries. If the trustee declined the position, who ever trustee became beneficiary. In 1993 Mom changed us from primarys to contingents status for all 4 kids. 2 were his and 2 were hers. I was ok with that.
So they say settle or you get nothing. He said I'll take the 1/4 share. Then they forgave his $35K loan from the trust. Then they made his wife successor trustee of his share when trustee died. (Trust document says it must be independent Trustee w/ $10 Million in assets. Bitch didn't have $2.00 to her name) and finally, local Trust Company (very crooked co. with bad, bad now going to be the new successor trustee for all of Trust A which he could do because it was revocable, but also my half of Trust B which was irrevocable. I was loicked out of mediation because I refused to let my idiot brother represent my intrest.
Of course, that was not legal. But when the trustee dies, the trustee company takes control of everything, does appraisel on house, robbs safty deposit box, you name it. 3 months later they sayu they are going to ditribute trust a but there are still unanswered questions fot Trust B. Ten months after he died , They write to Bank of America and ask them to resign.
(original was Sunwest of ABQ. they closed doors 8-15-97 and BoA was Successor by default) They also file for declaratory relief. 18 months after death of trustee, we go to court. My brothers lawyer had worked a case for the Trust Co years before. Between the Trust co lawyer and my brothers lawyer the judge caved. My lawyer argued everything but would not quote NM46a-7-704. I am furious. I tell my layer to appeal. She lies. She took $150K from me. Committed conversion, but still not been busted. Anyway, we go to trial prose.My second attorney was wife ex boyfriend from 18 years ago. I finally firedv him for wanting to fist fight with me at 2 meadiations and selling me out. The night before discover is due, he sends police to check on my wife. (never justified, ever) because he knows we are late and last minute losers on everything in life. The next morning adult protective services arrives. They spend 4 hours with my wife. And I miss discovery deadline. I show up to court with squawt. I ask for a continuence. She asks the other side. they say no way!. My brother wife represents my brother and my share of a suit against the trust A . I have nothing, but I do have the crooked lawyer read from the Trust. (trust B is irrevocable, unamendable, may appoint for trust A but not trust B. etc.
I quote state law, etc. Judge says no. You must appeal. A week later I dicover an email my brother's Trustee wife had. It is an internal email from the trust Co where they admit it was irrevocable, they plan to ask BoA to resign, file for declaratory relief and "at the expense of the trust". Now they want us to pay for all of their legal fees for our frivilous suits. I hasve a hearing in one hour. What should I say....ask for continuance and then file preliminary injunction?
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to argue fraud and breach of fiduciary duty against them and you have proof of their fraudulent conduct to present to the court to seek to get the injunction.
Now, if you were prevented from getting to court by a false complaint to Adult Protection, you need to bring in proof of this to court to ask the court to consider that good cause to continue the case, since this is part of the fraudulent conduct engaged in by the opponents and ask the court to consider that in granting your continuance. Then once granted you file for the injunction.

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