How to file a complaint

[Anna Mouse]

What is the name of your state (only U.S. law)? Colorado

I would like to know what the process is or the steps I need to take before I file a complaint.

I am a beneficiary of a Trust created by my Grandfather. When he passed my Father and Uncle were named as the Trustees. I have asked for documents due to the fact that my Father called and told me they were dissolving the trust and that I was to be paid out X. He also said that the two properties that are in the trust were not. So I can have peace of mind and not worry, I want the schedule A for the trust which lists the properties.

I hired an attorney and have paid a bit and received part of the trust documents minus the schedule A. He also wrote them a letter requesting the schedule A and other documents and I have heard nothing. At this point it seems it would be prudent to try and file the complaint myself.

It is possible that the trust may be dissolved as some of the members are having financial difficulties. I want to protect what is rightfully mine.

Any information on what steps I need to take would be greatly appreciated

 

[tranquility]

At this point it seems it would be prudent to try and file the complaint myself.

Prudent? I don't think it means what you think it means.

Any information on what steps I need to take would be greatly appreciated

Yes,

I hired an attorney and have paid a bit and received part of the trust documents minus the schedule A.

keep your attorney and have him do the work. So far there has been a letter or two and some calls, next is court. Even clear violations can be lost in court by people who don't know what they are doing. Do you know what you are doing in a trustee challenge in litigation?

 

[Anna Mouse]

suprised

I have already spent $2000 to get the partial information. That said I see that you are right. Just having a hard time wrapping my head around the fact I have to spend to get what is rightfully mine.

My Uncle said that if I push this he will make sure that he will cost me in attorney fees more than what is coming to me. This worries me.

My Attorney said that there were many more things that could be done before we go to court. It seems he wants a lot more money before we get down to business.

Maybe I need to find a different Attorney? I did not hire a trust Attorney as I took an action when I was upset and just needed to do something. Would a trust Attorney be better?

I guess that is why I asked what the steps and process was. Maybe my Attorney is setting up record for what we need to go to court with. I need some assurance that I am not throwing my money away.

 

[tranquility]

My Uncle said that if I push this he will make sure that he will cost me in attorney fees more than what is coming to me. This worries me.

There are a few reasons up front why an attorney is useful here. The first is because he can review your facts to see if you have a case or not. This helps prevent you from having to pay the attorney fees of the trust. Another couple of reasons have to do with "what is coming to" you. Since the trust probably has a no contest clause, you have to make sure you don't challenge the trust, but the trustee. Also, there is a safe harbor for a suit to "clarify" the trust but must be filed under a certain statute.

The attorney fee issue is your main disadvantage. Uncle can use the trust's funds to "defend" the trust (even though it is just defending him) and you can't. That money difference is why you must use an attorney to be successful. If you do win, you can often recover the attorney fees from the former trustee.

My Attorney said that there were many more things that could be done before we go to court. It seems he wants a lot more money before we get down to business.

You don't want to go to litigation. It is expensive and uncertain. You'd rather convince the other side you truly intend on litigating and that they are going to lose.

Maybe I need to find a different Attorney? I did not hire a trust Attorney as I took an action when I was upset and just needed to do something. Would a trust Attorney be better?

I would get an attorney who specializes in trusts and estate litigation. Even really smart attorneys mess up when they practice in technical area outside their normal arena.

I guess that is why I asked what the steps and process was. Maybe my Attorney is setting up record for what we need to go to court with. I need some assurance that I am not throwing my money away.

Ask him for his plan. See if he wants to continue on contingency. If he gives a good plan and will go on percentage of recovery, maybe it is worth it to you.