back again with trust issues

[oneson1118]

What is the name of your state (only U.S. law)? CA
Hi again everyone. I am back again and things are worse now than ever. I am on my second attorney, have spent over $13,000.00 in about a year and still I have not been able to get an accounting of the trust. There was a date set and he got it postponed. Then he started talking about settling before the date but that turned out to be a stall tactic. The bottomline now is I am out of money to continue to fight him. I have to believe that he has a deal with someone , maybe his in laws, or maybe even his attorney that is enabling him to carry it this far as he has no money of his own. I have a court date set for the 15th of Dec. but I have no faith that anything substantive will happen at that time. The theme of his response to our petition is pretty combative. I am pretty depressed right now and my retainer is about used up. I am thinking of going to court by myself and let the chips fall where they may. There is around $40,000.00 in cash and a house that is mortgaged to hilt and then some, and I don't have any confidence that I can win. The family friend who is an attorney but won't get involved says I can't let him get away with this , but, how much do I spend on maybe? Not to mention, he could spend it all tomorrow and the judgement I get will never get paid as he will never amount to anything if the past 20 years is any indication...

 

[Dandy Don]

Have you ever asked for income tax returns for the trust and a copy of the bank statement that would show the current balance?

If you could focus in on what areas you think he may be trying to be dishonest about and focus in on getting the evidence for that you might make progress. You also need to be asking for an AUDIT of the trust so that any illegalities might come to light whether the accounting statement is ever produced or not--then the audit can be used to prove wrongdoing if any occurred or it might back up an honest accounting, but you are right to suspect something is wrong here if he won't automatically produce it.

Besides hanging your hope on just one attorney, interview with several trust attorneys to get ideas about how you should proceed, and plead poverty and maybe they will be sympathetic.

 

[oneson1118]

Dandy Don thank you for your reply. Yes I have asked for tax returns, and as it turns out I was right that nothing substantive was going to happen on the 15th. Even though we had filed for an emergency removal and redress of breach, the judge was just going to set a hearing for about a month down the road. My esteemed brother did not even show up to court. My attorneys started talking to my brother's guy and they cme to me and asked if I would agree toa stipulation having my brother step down, do everything necessary for me to become trustee and hand over all documents pertaining to the trust.All things that I was wanting to happen. The only problem was his attorney wanted me to indemnify my brother from the mortgage on the house. I didn't like that part, just because I had not seen the mortgage papers. But, in the end I agreed. So I now have what is theoretically all documents relating to the trust, which, do not include any tax returns. I have seen the bank statement from the trust account and it is riddled with withdrawals in Tahoe, Reno, and Las Vegas. He also decided that he would remodel the house and spend $80,000.00 on windows, a kitchen and bathroom. Guess who did the work? Yeah, my brother. All bad right? Well here is the kicker, about 10 days before our court date, he rented out the house to some very unsavory and not too neighbor friendly people. I drove by on Sunday and they were selling anything and everything, kinda looked like they went through other peoples trash and took stuff out and were trying to sell it. There is a 1967 28 foot trailer home parked on the side of the house and it looks like the beverly hillbillies just got to town. Best of all there are three signed leases with 6 different people none of whom are responsible for all the rent so if someone leaves the trust just gets less, and he agreed to pay for the utilities, elect, gas, water, garbage etc...The mortgage appears to be about $2,800.00 a month, these people are going to pay (?) $2,600.00 less the utilities. Long story and I apologize but I wouldn't believe it if I wasn't living it, and here is my question and only hope. The trust is very specific about the house, my brother has first right of refusal to live there, if he chooses not to, I get to, if not then we sell and split the proceeds. Can he rent it out? does it matter now that there is signed leases agreements?

 

[oneson1118]

I know that you guys looked at this and decided not to answer for whatever reason, but I am hoping you will give it another look. I am going to pursue this pro se from here on out as I really do not want to use up anymore (already spent $11,000.00) funds from the trust. I have been through all the accounts that my brother has allowed me to know about, and so far I have found about $40,000.00 left. I can't seem to get a straight answer from my attorney about whether the lease is valid. i know that Dandy Don told me to get an audit but I am afraid to wait that long before taking action on the house and the tenants, if I accept a check will I be validating the lease?

 

[Dandy Don]

The audit will give you the evidence to pursue charges against him to recover the money he stole. If you don't ask for the audit, you lose, which you seem prepared to do anyway.