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Ray, Lawyer
Category: Legal
Satisfied Customers: 41013
Experience:  30 years in civil, probate, real estate, elder law
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This is a probate matter: I was trustee of a trust that was

Customer Question

This is a probate matter: I was trustee of a trust that was closed in 1997. A vengeful lawyer who was involved in more recent litigation has gone on a witch hunt and contacted certain beneficiaries of trusts in which I was the trustee. This lawyer is threatening me with litigation in a Trust in which I was Trustee in the late '90's. The Trust was closed in 1997. He says he has information involving fraud perpetrated by me and the Trust's attorney-a ridiculous allegation. He has not filed anything yet but is threatening me. Question, can litigation be opened on a Trust that has been closed for over 19 years> Thank you.
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

I do not see how this would be possible given the time that has passed. I think this is some kind of bluff here.I think you may consider not making any statements here, they are likely fishing or trying to shake you down for money.You may want to report the lawyer to the state bar as this appears to be blackmail or a shakedown.Either way it is not professional at all.

If you give me your state I can get you that information to file complaint.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.

Customer: replied 9 months ago.
The case is in California. I assume he is threatening misappropriation, conversion, dereliction of duties, fraud, the whole nine yards. He said he has "three clients lined-up" but has not named names, charges.
Expert:  Ray replied 9 months ago.

Well he cannot prosecute you only a DA can do that if there was a crime and it doesn't appear there was one.He can sue here but thats it.

File lawyer complaint here

Expert:  Ray replied 9 months ago.

You have 3 years from the fraud (or discovery of the fraud) to file a civil suit. For a criminal prosecution, the statute of limitations for a felony fraud is 4 years, and for a fraud that can only be prosecuted as a misdemeanor, the SOL would be 1 year.

He is way beyond the criminal and civil SOL here.I would not give into any payments or anything else.

Expert:  Ray replied 9 months ago.

Thanks again for the follow up.I think you stay pat here and see if any lawsuit is filed, this is too old here for any crimes that you mentioned.This sounds like extortion here. No need to do anything at this point, ball is in there court.

Thanks again for letting me help you.

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