What is the name of your state (only U.S. law)? California
I am suing my brother for breach of fiduciary duty on a Trust issue. He is trustee, and I would like to have him removed as trustee. Both of my parents recently passed away. I won't go into all of the details, because I am going to Court soon.
My brother has filed an opposition statement via his lawyer. It is a total attack on my character, full of blatant lies. There's so much garbage in there that I do not believe is even relevant to the current case. My brother is going back and digging things up from 20 or 30 years ago---basically since I was a little kid. Of course, it is all only HIS view of things.
Unlike my brother, I did not go into character assassination mode when I filed my lawsuit. I simply stated the facts. There is one issue that I believe to be true, and in my recent Declaration, I worded it as such.
My brother has been absolutely impossible to deal with, even though I have an excellent lawyer. My brother's 'demands' are outrageous. He has no respect for anyone else's time, including my time or my lawyer's time. Everything HAS to be done 'by the end of business day--TOMORROW.'
I have a life and so does my lawyer. Additionally, my brother sometimes sends his 'demands' via email. I don't always check my email every day, nor does my lawyer check his email every day. My brother doesn't care about my feelings or anyone else's feelings. It's ALL about the money.
Also, an ex-business partner of my dad alleges that he lent my dad money to buy my house, 20 years ago. This ex-partner has told me so many wildly varying stories about amounts supposedly 'due' that I do not believe anything that he says. At one time, he told me he was willing to file a lawsuit against my dad's estate, that he had written 'proof' of the loan, and that because my dad had failed to pay back the loan (at a 10% interest rate) the amount due was NOW $600,000!!!
The ex-partner is using this as an 'excuse' to try to force the sale of my house. He hasn't been very smart. Just a few months after my mom died, he accidentally forwarded to me an email 'conversation' between him and my brother, entitled 'house sale plan'. (I recently discovered that there is a 4 year 'statute of limitations' on personal loans, and I don't even think there's anything in writing, despite what this guy claims.)
These two people were harassing my elderly mom to sell my house while she was alive. The stress and the pressure contributed to her death, I believe. The realtor was recommended by the ex-partner. The realtor has been extremely aggressive.
Three months before my mom died, my brother took her to a lawyer secretly, had some things changed, and also gained 'Power of Attorney'. My mom was getting forgetful and confused. She would have signed ANYTHING that anyone put in front of her. My mom later told me, "I have no idea what I signed." I then put in a call to the lawyer my brother had taken my mom to and left him a message telling him what my mom had said. By the time the lawyer returned my call, my mom was in the hospital. All I cared about then was my mom's health. Nothing else mattered.
When I told this story to my brother? He actually SMIRKED. I got the feeling he was thinking, "Yes! I got away with it!" He covered his tracks very carefully. He must have read a book about how to commit 'undue influence'. He and I never got along, but even I never guessed he would stoop this low. I've never seen anyone so greedy. He's constantly lying and trying to stick me with an unfair share of ALL of the expenses, including an unfair share of my mom's back taxes. My lawyer has caught him in lies and is willing to testify that my brother is a liar.
Now, the ex-partner of my dad has joined in on the lawsuit, siding with my brother. This guy is pretty awful. He pretended to be sympathetic to me, ALL in a cynical attempt to gather information to use against me. Thankfully, I was smart enough NOT to tell him anything or give him any of the highly personal records of mine that he boldly asked for. He kept telling me, "I can't HELP you unless you give me the 'data'!" He CLAIMED that he knew 'nothing' about my brother's legal strategy.
The ex-partner only met me once, very briefly, 25 years ago. (If that's even true, because I don't recall it). I hadn't spoken to him or seen him for 20 years, the same as with my brother. Neither one of these people know anything about me. My brother only has 'suspicions', which are FALSE. The ex-partner claims that he has 30 years' worth of notes of conversations with my dad. And about a year of notes of conversations with my mom, after my dad died. There obviously NOW is no way to verify IF my parents ever even told him ANY of this stuff. I doubt a LOT of it.
The ex-partner JUST filed a 'Declaration', in support of my brother. The allegations that this guy is making against me are SO incredible, SO malicious, and SO patently UNTRUE that I hardly know where to begin. I won't say any of it here. I've informed my lawyer of the truth. The list of 'allegations' this guy has made against me are so ridiculous and so false that it makes me cringe. He KNOWS that many of these 'allegations' are UNTRUE. He also has NO 'evidence' to back up any of this, other than his alleged 'notes' of alleged 'conversations'.
Did this guy just commit PERJURY, by declaring' under penalty of perjury' that ALL of these 'allegations' are TRUE? OR can he somehow get out of it by claiming, "I'm only repeating the things that her mom and dad told me about her?" (For example, this guy claims I dropped out of school in the 4th grade! Yet he is well aware that I am highly intelligent AND that I'm a college graduate, with highest honors.) He even told me, "Your dad was never so proud of you as he was on your graduation day."
I do NOT like liars. Even IF I lose everything, at least I have the dignity of knowing that I am telling the truth about things. Is this guy's 'Declaration' even admissible in Court? He's trying to make me look like an irresponsible idiot, and that is the MILDEST claim. I won't even go into the other stuff. This legal battle has gotten uglier than I ever dreamed. Thanks for any advice.
I am suing my brother for breach of fiduciary duty on a Trust issue. He is trustee, and I would like to have him removed as trustee. Both of my parents recently passed away. I won't go into all of the details, because I am going to Court soon.
My brother has filed an opposition statement via his lawyer. It is a total attack on my character, full of blatant lies. There's so much garbage in there that I do not believe is even relevant to the current case. My brother is going back and digging things up from 20 or 30 years ago---basically since I was a little kid. Of course, it is all only HIS view of things.
Unlike my brother, I did not go into character assassination mode when I filed my lawsuit. I simply stated the facts. There is one issue that I believe to be true, and in my recent Declaration, I worded it as such.
My brother has been absolutely impossible to deal with, even though I have an excellent lawyer. My brother's 'demands' are outrageous. He has no respect for anyone else's time, including my time or my lawyer's time. Everything HAS to be done 'by the end of business day--TOMORROW.'
I have a life and so does my lawyer. Additionally, my brother sometimes sends his 'demands' via email. I don't always check my email every day, nor does my lawyer check his email every day. My brother doesn't care about my feelings or anyone else's feelings. It's ALL about the money.
Also, an ex-business partner of my dad alleges that he lent my dad money to buy my house, 20 years ago. This ex-partner has told me so many wildly varying stories about amounts supposedly 'due' that I do not believe anything that he says. At one time, he told me he was willing to file a lawsuit against my dad's estate, that he had written 'proof' of the loan, and that because my dad had failed to pay back the loan (at a 10% interest rate) the amount due was NOW $600,000!!!
The ex-partner is using this as an 'excuse' to try to force the sale of my house. He hasn't been very smart. Just a few months after my mom died, he accidentally forwarded to me an email 'conversation' between him and my brother, entitled 'house sale plan'. (I recently discovered that there is a 4 year 'statute of limitations' on personal loans, and I don't even think there's anything in writing, despite what this guy claims.)
These two people were harassing my elderly mom to sell my house while she was alive. The stress and the pressure contributed to her death, I believe. The realtor was recommended by the ex-partner. The realtor has been extremely aggressive.
Three months before my mom died, my brother took her to a lawyer secretly, had some things changed, and also gained 'Power of Attorney'. My mom was getting forgetful and confused. She would have signed ANYTHING that anyone put in front of her. My mom later told me, "I have no idea what I signed." I then put in a call to the lawyer my brother had taken my mom to and left him a message telling him what my mom had said. By the time the lawyer returned my call, my mom was in the hospital. All I cared about then was my mom's health. Nothing else mattered.
When I told this story to my brother? He actually SMIRKED. I got the feeling he was thinking, "Yes! I got away with it!" He covered his tracks very carefully. He must have read a book about how to commit 'undue influence'. He and I never got along, but even I never guessed he would stoop this low. I've never seen anyone so greedy. He's constantly lying and trying to stick me with an unfair share of ALL of the expenses, including an unfair share of my mom's back taxes. My lawyer has caught him in lies and is willing to testify that my brother is a liar.
Now, the ex-partner of my dad has joined in on the lawsuit, siding with my brother. This guy is pretty awful. He pretended to be sympathetic to me, ALL in a cynical attempt to gather information to use against me. Thankfully, I was smart enough NOT to tell him anything or give him any of the highly personal records of mine that he boldly asked for. He kept telling me, "I can't HELP you unless you give me the 'data'!" He CLAIMED that he knew 'nothing' about my brother's legal strategy.
The ex-partner only met me once, very briefly, 25 years ago. (If that's even true, because I don't recall it). I hadn't spoken to him or seen him for 20 years, the same as with my brother. Neither one of these people know anything about me. My brother only has 'suspicions', which are FALSE. The ex-partner claims that he has 30 years' worth of notes of conversations with my dad. And about a year of notes of conversations with my mom, after my dad died. There obviously NOW is no way to verify IF my parents ever even told him ANY of this stuff. I doubt a LOT of it.
The ex-partner JUST filed a 'Declaration', in support of my brother. The allegations that this guy is making against me are SO incredible, SO malicious, and SO patently UNTRUE that I hardly know where to begin. I won't say any of it here. I've informed my lawyer of the truth. The list of 'allegations' this guy has made against me are so ridiculous and so false that it makes me cringe. He KNOWS that many of these 'allegations' are UNTRUE. He also has NO 'evidence' to back up any of this, other than his alleged 'notes' of alleged 'conversations'.
Did this guy just commit PERJURY, by declaring' under penalty of perjury' that ALL of these 'allegations' are TRUE? OR can he somehow get out of it by claiming, "I'm only repeating the things that her mom and dad told me about her?" (For example, this guy claims I dropped out of school in the 4th grade! Yet he is well aware that I am highly intelligent AND that I'm a college graduate, with highest honors.) He even told me, "Your dad was never so proud of you as he was on your graduation day."
I do NOT like liars. Even IF I lose everything, at least I have the dignity of knowing that I am telling the truth about things. Is this guy's 'Declaration' even admissible in Court? He's trying to make me look like an irresponsible idiot, and that is the MILDEST claim. I won't even go into the other stuff. This legal battle has gotten uglier than I ever dreamed. Thanks for any advice.
