Attorneys bleed trust dry

[tsalagi7]

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

Attorneys have bleed trust dry by taking advantage of cotrustee infighting and racking up gargantuan bills. Beneficiaries who are not trustees also had attorneys who did nothing but also rack up bills.

Is this legal malpractice? Who is responsible for the tremendous losses to the trust? The attorneys? The cotrustees? What options do we have to recoup the losses to our inheritance?

The judge seems to cares less and has done nothing to curtail this senseless fighting and let this drag out year after year. Meanwhile, very little has been distributed to the benficiaries who are not trustees, and our trust is now a small fraction of what it was when the trustor passed. What can be done? Thank you for your help.What is the name of your state (only U.S. law)?

 

[Kiawah]

You can point out to everyone that the senseless lawsuits are sending the lawyers kids to college, instead of your own.

Come to agreement yourselves, drop all the lawsuits. If a particular trustee is a problem, what does the trust document indicate that the process is to remove/replace that trustee?

 

[tsalagi7]

We tried mediating and got nowhere. The cotrustees gave a dog and pony show. We have done everything to make it abundantly clear to the judge that these lawyers have perpetuated this sham, the cotrustees have breached their duty, and ignored the other beneficiaries. Judge did rule that no attorney fees can be paid until trial. The trust says if the trustees fail, then a corporate institution can take over. The law says if the trustees caused damage to trust property, then it comes out of their share and not out of the other beneficairies share which is only fair. We filed for removal of trustees but the judge could have removed them on her own motion because litigating a removal petition using trust assets is causing more loss to the trust so long as the cotrustees stay in power and can abuse the trust funds to defend their breach. Removal is what we are hoping for because virtually everything has gone to the cotrustees and their attorneys. The rest of us got starved out. We are suffering greatly because of the economic downturn and desperately need our money while the cotrustees are living it up along with their attorneys off our inheritance.

In CA there are "surcharges" or damages. The cotrustees have done bad things against the law such as failing to account and refusing to keep us informed. We are trying to get them removed.

Still my question is, what can be done to stop the attorneys from taking everything from the trust and how can we get back the money they misappropriated? They drained off all the cash, and are selling off property out from under us to pay their legal fees at the tune of hundreds of thousands of dollars. Now our lawyers are doing the same thing by wasting time falling into the opposition attorney's trap of longwinded arguments that go nowhere; these ridiculous argumentative traps and ringing up bills.

Is this attorney malpractice? Is there a way to get the money back from the attorneys? Is there a review board for attorneys and judge's who allow this scamming to take place? Please help! We need outside input. Are there any options we can pursue? Thanks for your help.

 

[curb1]

What was that quote from Shakespeare? Not really, but ...

 

[tsalagi7]

Pardon me, I don't understand that answer. I'll restate the question.

The trustees attorneys were bleeding the trust due to THEIR infighting. We tried to get help and get our own attorney but they also joined in on the gravy train and left nothing for the other beneficiaries who are not trustees. Is this fraud? Is this attorney malpractice? What can be done to recoup the losses caused by these attorneys?

 

[CLJM]

tsalagi7,

You might keep in mind that it isn't the attorneys that are "bleeding" the trust, it is the CLIENTS--the co-trustees, that have hired the attorneys. The attorneys would have no need to be fighting unless they were HIRED to fight; they are doing what they were hired to do.
The more attorneys hired, the more fighting---the more "bleeding". To STOP the "bleeding", the co trustees must STOP the fighting. Going to court is not about right or wrong, it is about each side trying to use the law to their advantage to affect a positive outcome ($$$$) for their clients, and thereby, themselves in the process.

 

[anteater]

What was that quote from Shakespeare? Not really, but ...

Pardon me, I don't understand that answer.

Shakespeare, King Henry VI, Part II:

Dick The Butcher: The first thing we do, let's kill all the lawyers.


In the context of the play, it is actually something of a compliment. But, it's been too good a line to pass up in other, less civil, contexts.

 

[curb1]

Always quoted in good humor of course.

 

[tsalagi7]

Thank you all very much especially CLJM for your insight.

Curb1, the Bard's wisdom rings truth as always throughout the ages.

Thanks again.

 

[CLJM]

tsalagi7,

I know it is a frustrating and awful situation for you. You just can't make people do the "right" thing. I wish you the best.

 

[GoIllini]

Just outta curiosity, does anyone know if binding arbitration a possibility here? Might cut some of the legal fees.

 

[tsalagi7]

Just outta curiosity, does anyone know if binding arbitration a possibility here? Might cut some of the legal fees.

One year later, and the cotrustees still refused to settle. Now, the trust has dwindled so low that my attorney fees are much much higher than my share of the trust given the trustees used our money to fight each other. Please help! My lawyer is quitting, and expects to get paid from my trust. That leaves me virtually nothing and I need my money. It is a life and death situation here. These attorneys left me destitute! What can I do? Now I have to be my own attorney, have no money for even for food. Meanwhile, the cotrustees are living lavish lifestyles. Can't these attorneys be held liable for loss to our trusts? It wasn't our fault. The cotrustees hired seperate lawfirms to fight with one another with the trust money. Now, my lawyer abandoned my case right before trial. What can be done about this? Is there any recourse for us? No work, no medical care desperatly needed and what money is left is not enough for my attorneys to get paid. Note: My lawyers did not do what they were hired to do and that is to remove the cotrustees to stop them from draining off the trust assets. Oh, please help....