Trust Fraud? The Trustee has somehow transferred the property from the Trust into her own name (California).

[R92024]

Looking for some advice please.

I have a friend who is disabled after a stroke, and lives in a pretty grim Assisted Living facility in Riverside, California.
His mother, who passed away in February 2023 aged 88, had set up a Trust into which we believe she put the ownership of her two houses, both located in San Bernardino County, California.

House #1 is the family home. House #2 is a rental.
House #1 was occupied by the mother and her two children: her disabled son (my friend), and also her daughter (my friend's sister).

However, when the mother became ill with dementia she was no longer able to care for her disabled son at home.
At that point the mother went into a dementia care home, and the son went into the assisted living facility.
The daughter continues to live in House #1 alone.

The brother and sister are estranged.

Soon after the mother’s death last year, the son received a letter from the daughter’s attorney referring to the trust, and stating that upon the mother’s death:

1. The ownership of House #1 is transferred to the son, with the daughter being permitted to reside in the property for 12 months after the mother’s death, paying the son $200 per month. At the end of the 12 months the daughter has to vacate House #1 or purchase it from the son at market value.

2. The Trust leaves ownership of House #2, the rental, to the daughter.

3. The daughter was appointed the sole trustee of the Trust.

Unfortunately, due to his disability, the son lost the attorney’s letter.
The son contacted his sister and her attorney asking for another copy of the letter, but they have both refused.

A search of the County Assessor’s record indicates that House #1 was transferred out of the name of the Trust and into the daughter’s sole name a few months after the mother’s death.

House #2 is still held in the name of the Trust, c/o the mother.

The daughter did not pay the son the market value of House #1 when it was transferred into her name last year, nor has she made any payments of $200 per month.

The 12 month period in which she daughter is permitted to stay in the property expires this month.


Clearly, the son needs an attorney.
On his behalf, I’ve spoken to several attorneys who are only interested in taking the case on contingency (if the son gets the house, they get 40%).

The son should qualify for Legal Aid - his monthly disability payment is $1400, of which $1200 goes to the Assisted Living facility. He has around $2000 in the bank.

I have contacted a couple of companies/non-profits who handle Legal Aid in California, but they say they don’t handle Trust matters.

Does anyone know if Legal Aid is a possibility for this situation?
And if not, how would we go about finding an attorney who wouldn’t charge such a high fee?

I’ve tried the various ‘Find a Lawyer’ online services, but they just lead to the 40% contingency sharks.

Thank you for your help.

 

[TrustUser]

can you get a copy of the trust ?

 

[Zigner]

The OP is not entitled to a copy of the trust.

 

[R92024]

can you get a copy of the trust ?

Thanks, but how?
The son (my friend) contacted his sister and her attorney asking for another copy of the letter, but they have both refused.
Is there another way he can get a copy of the trust... or even see it online?

 

[quincy]

How old is your friend?

 

[R92024]

How old is your friend?

57

 

[TrustUser]

i understand that he could not get a copy of the letter, but i wanted to mention the trust, to at least get the ball rolling for someone else to answer "how". it does seem fishy, but the attorney may not be required to send you another copy of the letter. whereas he may take personal risks if he does not send out a copy of the trust to those who are legally able to receive it. taxing matters has a lot of actual legal experience, so perhaps he will be able to supply some info. you have already mentioned acquiring a lawyer. it would seem the first question to this lawyer would be how to acquire a copy of the trust.

 

[R92024]

i understand that he could not get a copy of the letter, but i wanted to mention the trust, to at least get the ball rolling for someone else to answer "how". it does seem fishy, but the attorney may not be required to send you another copy of the letter. whereas he may take personal risks if he does not send out a copy of the trust to those who are legally able to receive it.

Thank you, that’s a good point.

When my friend contacted his sister's attorney, he asked for a copy of the letter and a copy of the trust.
The attorney said it was a conflict of interest, and that my friend would have to contact his sister, which he did.
She refuses to provide him with either a copy of her attorney’s letter or a copy of the trust.

However - and I should have mentioned this in the post - we do know the name of the attorneys who originally set up the trust on behalf of the mother. When asked for a copy of the trust, they said it’s a conflict of interest, and to contact his sister.

 

[TrustUser]

the daughter's attorney originally sent you this letter, and now says it is a conflict of interest ? i can buy that, as it may be that the daughter said something to the attorney AFTER the original letter was sent, now making it a conflict of interest, since he does represent the daughter. the daughter, who seems obviously doing something wrong, doesnt want to supply you with anything.

the attorney who wrote the trust - he may be telling you the truth, as well. the trust has the daughter as sole trustee. i know that some, if not all, states have laws that allow all beneficiaries to have a copy of the trust. this is why i am suggesting to you that this be the first question you ask your own attorney, once you get one. i wouldnt think that would be an expensive situation.

if you get a copy of the trust, there will be a lot more people who can help you out. also, the number one thing that a lawyer tries is to intimidate you into giving up. it is not a good thing that the daughter knows her brother no longer has a copy of that letter. however, that doesnt mean he cant "find" it. the threat of that might just make the daughter a bit more willing to cooperate - just a thought.

 

[R92024]

the daughter's attorney originally sent you this letter, and now says it is a conflict of interest ? i can buy that, as it may be that the daughter said something to the attorney AFTER the original letter was sent, now making it a conflict of interest, since he does represent the daughter. the daughter, who seems obviously doing something wrong, doesnt want to supply you with anything.

Yes, I suspect the daughter instructed her attorney not to cooperate.
It certainly seems as though the sister is attempting to deny her brother his rightful inheritance, banking on the fact that his disability and lack of funds will prevent him from challenging her.

the attorney who wrote the trust - he may be telling you the truth, as well. the trust has the daughter as sole trustee. i know that some, if not all, states have laws that allow all beneficiaries to have a copy of the trust. this is why i am suggesting to you that this be the first question you ask your own attorney, once you get one. i wouldnt think that would be an expensive situation.

if you get a copy of the trust, there will be a lot more people who can help you out. also, the number one thing that a lawyer tries is to intimidate you into giving up. it is not a good thing that the daughter knows her brother no longer has a copy of that letter. however, that doesnt mean he cant "find" it. the threat of that might just make the daughter a bit more willing to cooperate - just a thought.

Thank you, that's very helpful.
I just checked and California is indeed one of the states that allow all beneficiaries to have a copy of the trust.
So I'll find and hire an attorney to, in the first instance, obtain a copy of the trust, then we can go from there.
That makes the search a lot easier.

Many thanks for your excellent advice.
I'll report back when I have some more news.

 

[zddoodah]

Soon after the mother’s death last year, the son received a letter from the daughter’s attorney referring to the trust, and stating that upon the mother’s death:

1. The ownership of House #1 is transferred to the son, with the daughter being permitted to reside in the property for 12 months after the mother’s death, paying the son $200 per month. At the end of the 12 months the daughter has to vacate House #1 or purchase it from the son at market value.

2. The Trust leaves ownership of House #2, the rental, to the daughter.

3. The daughter was appointed the sole trustee of the Trust.

Unfortunately, due to his disability, the son lost the attorney’s letter.

If your friend no longer has the letter, how is it that you have this level of detail about what it said?

I’ve spoken to several attorneys who are only interested in taking the case on contingency (if the son gets the house, they get 40%).

There are three ways that an attorney will take your friend's case: (1) with payment of an hourly fee (which will likely go along with advance payment of a retainer of at least $5,000); (2) contingency; or (3) pro bono (rare).

Does anyone know if Legal Aid is a possibility for this situation?

I've never heard of any "legal aid" organization that would handle a matter such as this.

Thanks, but how?
The son (my friend) contacted his sister and her attorney asking for another copy of the letter, but they have both refused.
Is there another way he can get a copy of the trust... or even see it online?

The letter is not the same thing as the trust. I suggest your friend review section 16060, et seq. of the California Probate Code, and particularly sections 16060-16061.7.

 

[R92024]

If your friend no longer has the letter, how is it that you have this level of detail about what it said?

Thank you for replying.
Fortunately, before he lost the letter, he read the first page to me over the phone, and I took notes.



There are three ways that an attorney will take your friend's case: (1) with payment of an hourly fee (which will likely go along with advance payment of a retainer of at least $5,000); (2) contingency; or (3) pro bono (rare).

Thanks, that's helpful in going forward.


I've never heard of any "legal aid" organization that would handle a matter such as this.

I suspected that was the case.



The letter is not the same thing as the trust. I suggest your friend review section 16060, et seq. of the California Probate Code, and particularly sections 16060-16061.7.

Thank you.