B
bladerunner_56
Guest
Whom Concerns:
I reside in the State of Texas, and this concerns a Trust fund which was set up soon after my adoptive mother died. It was set up for her children (my sister & I) and the grandchildren. At the time of her death, I was about 40 years of age. "To the point," hmmmm. Ok.
The executor of the will was her nephew, he does not like my family (sister, grandchildren, myself) and has always been able to "advise" my mother in financial dealings (and other areas) which in the long run has proven benifical to him, not us. There are questions concerning the way he took care the will, especially the sale of the house and his (as a lawyer called it) "extreme fee" for being executor.
It took him almost a full year, as executor, to take care of the will and his reasons for that length, in my estimation are quite in error. Because he is so "official looking" (re: rich and arrogant and know-it-all), the court bought into it. We have been living under his iron thumb, when it comes to the trusts for the past 7 years or so. He was able to convience my adoptive mother, who had been having both health and emotional problems, specifically the last year of her life (emotional problems ALL of her life) to have a trust which is, in some opinion as overly strong and more benifical to him.
Over the past few years, after I had been able to find some information over the TX Trust Codes at the local county law library, I discovered that there are several legally ethical questions concerning his position as trustee. I feel that due towards his prejudice towards myself, he has proven his inability at being a legitimate trustee. Issues are very involved in this, which are too lengthy to mention.
I have tried, at least ten times over the past three years to get him to send a full accounting (TX Trust Code #113.152), and all we get is a rather confusing "year end statement" that only a stock broker or financial wiz could understand (he's some kind of high-powered finance/stock broker type). He has refused, very outright in supplying all of us with a statement which goes along with this full accounting. I have made a demand, according to TX Trust Code #113.151 several times over the past two years, and this year he sent a reply stating that he refused to do this, and that if I were to "officially demand" it, that he would take out from between $10,000.00 to $15,000.00 out of MY trust to pay for the suit. IF he is so ethical and a legitimate, un-prejudiced trustee, WHY would he reject-and-refuse MY legal demand for a statement which the code says is rightfully mine?
I have, over the past 4 or 5 years been looking for a lawyer to help, all I get is NOTHING. I have asked several lawyers to help but they figure a way NOT to. One that did talk to me said that the will "looked funny" for a person(s) the age of myself and my sister. I have gotten tired of having this person treat us (specifically myself) in the manner that he has, and feel that when it comes to running the trust, his prejudice against me causes a lot of problems. Also, his continued failure to face up to my requests for a full disclosure AND, when learning that he "lost" somewhere between $19,900.00 in funds in my daughter's trust and REFUSED to tell me how he did this, or what he intended on doing in gaining it back---has forced me to take issue against him. However, no lawyer will help me.
I think one of the problems is the fact that this "action" would take place in a different TX city than where I live. Local lawyers don't like to "fuss with it," because it is somewhere else and the lawyers in the city that it will take place, don't like it that I am in a different town.
I want to sue him, as according to my rights, for a full accounting, and then go on from there. No lawyer, as I said, is willing to help. IF I had a lawyer to help, then I'd let him/her/it do the work for me, but since I don't I need to find out how to go about filing a law suit against him...where, how, etc. I have contacted the county court for information but get nowhere there either.
ANY HELP would be greatly appreciated.
bladerunner_56
I reside in the State of Texas, and this concerns a Trust fund which was set up soon after my adoptive mother died. It was set up for her children (my sister & I) and the grandchildren. At the time of her death, I was about 40 years of age. "To the point," hmmmm. Ok.
The executor of the will was her nephew, he does not like my family (sister, grandchildren, myself) and has always been able to "advise" my mother in financial dealings (and other areas) which in the long run has proven benifical to him, not us. There are questions concerning the way he took care the will, especially the sale of the house and his (as a lawyer called it) "extreme fee" for being executor.
It took him almost a full year, as executor, to take care of the will and his reasons for that length, in my estimation are quite in error. Because he is so "official looking" (re: rich and arrogant and know-it-all), the court bought into it. We have been living under his iron thumb, when it comes to the trusts for the past 7 years or so. He was able to convience my adoptive mother, who had been having both health and emotional problems, specifically the last year of her life (emotional problems ALL of her life) to have a trust which is, in some opinion as overly strong and more benifical to him.
Over the past few years, after I had been able to find some information over the TX Trust Codes at the local county law library, I discovered that there are several legally ethical questions concerning his position as trustee. I feel that due towards his prejudice towards myself, he has proven his inability at being a legitimate trustee. Issues are very involved in this, which are too lengthy to mention.
I have tried, at least ten times over the past three years to get him to send a full accounting (TX Trust Code #113.152), and all we get is a rather confusing "year end statement" that only a stock broker or financial wiz could understand (he's some kind of high-powered finance/stock broker type). He has refused, very outright in supplying all of us with a statement which goes along with this full accounting. I have made a demand, according to TX Trust Code #113.151 several times over the past two years, and this year he sent a reply stating that he refused to do this, and that if I were to "officially demand" it, that he would take out from between $10,000.00 to $15,000.00 out of MY trust to pay for the suit. IF he is so ethical and a legitimate, un-prejudiced trustee, WHY would he reject-and-refuse MY legal demand for a statement which the code says is rightfully mine?
I have, over the past 4 or 5 years been looking for a lawyer to help, all I get is NOTHING. I have asked several lawyers to help but they figure a way NOT to. One that did talk to me said that the will "looked funny" for a person(s) the age of myself and my sister. I have gotten tired of having this person treat us (specifically myself) in the manner that he has, and feel that when it comes to running the trust, his prejudice against me causes a lot of problems. Also, his continued failure to face up to my requests for a full disclosure AND, when learning that he "lost" somewhere between $19,900.00 in funds in my daughter's trust and REFUSED to tell me how he did this, or what he intended on doing in gaining it back---has forced me to take issue against him. However, no lawyer will help me.
I think one of the problems is the fact that this "action" would take place in a different TX city than where I live. Local lawyers don't like to "fuss with it," because it is somewhere else and the lawyers in the city that it will take place, don't like it that I am in a different town.
I want to sue him, as according to my rights, for a full accounting, and then go on from there. No lawyer, as I said, is willing to help. IF I had a lawyer to help, then I'd let him/her/it do the work for me, but since I don't I need to find out how to go about filing a law suit against him...where, how, etc. I have contacted the county court for information but get nowhere there either.
ANY HELP would be greatly appreciated.
bladerunner_56