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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33388
Experience:  Began practicing law in 1992
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My father has arrogantly admitted that he has used my trust

Customer Question

My father has arrogantly admitted that he has used my trust funds left by my grandmother. He has refused to produce a copy of the Will via certified mail. He has even attempted to lie and tell me that the funds were never there.
He did finally acknowledge the part of the Will that expresses his fiduciary responsibility and that he didn't follow the directive laid out by my grandmother before her passing.
I need help reporting and recovering any assets he taken from me. The probate and county recorder's offices have proven to be of little help. There has to be a way to stop this and hold him accountable.
Submitted: 12 months ago.
Category: Legal
Expert:  Dwayne B. replied 12 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 12 months ago.
My father has arrogantly admitted to depleting my trust funds left by my grandmother. He never filed the Will with probate and has refused a certified request for a copy. I already know about the directive as per custodianship as my grandmother explained it in detail well before her death. I can't afford an attorney but there must be another way to hold this person accountable. I'm willing to file criminal charges, a constructive Will and a civil suit but need help preparing for what appears to be a long road.
Expert:  Dwayne B. replied 12 months ago.

You can report him to the police and let them investigate but unless you have a lawyer it is going to be hard to do anything in the probate case to make him move along.

If you were served with papers then you can file an Answer and in it ask to be notified of any hearing, etc. The probate code is extremely difficult and is often antiquated and makes no sense but you will want to read through it so you have an idea as to what is happening.

All cases have to be file through the probate at this point and I assume you are talking about imposing a constructive trust, not a constructive will, to make a grab at any money that exists but you have to be pretty knowledgeable to do that.

If you have money problems then you may want to talk to Legal Aid or talk to a lawyer about taking the case on a %. It's rare to do this on a probate case but it occasionally happens.