Family trust was embezzeled ... what to do?

**geofan49** · 10-20-2005, 07:50 PM

Background:

I am a remainder beneficiary of a trust set up in
1989 by my father. He died in 1994. My step-mother
had real estate, personal property, and investments
worth over three million in 2001. Now she is distitute.

A real estate salesman befriended her in
2001-2003, got a power of attorney, sold all her
property... and took care of all her accounts...
cleaned them out -- even her jewlery and antiques...
then he dumped her on the county.

We reported this to the county (Public Guardian)
as soon as we knew something was going wrong
(mid-2003). So far, it appears they have not done
much, if anything. The perpetrator still has a
real estate license in California.

My stepmother was instutionalized in 2003 for
dementia, and the county is paying all her bills.
Apparrently, it is cheaper for them to take care
of her, instead of prosecuting the thief...

We can't afford to hire an attorney...

What can we do?

What course of action can we take to get
attention on this, to prosecute him, and recover
the assets of the trust? The County Public
Gudardian's office has been working on the
case with the DA and County Counsel since
2003. No action yet.

Looking for an attorney who can work on a
contingency basis, or offer any advice on
what we can do...

===

** What's the statute of limitations?

** How can we recover assets?

** Should we wait for the DA to prosecute?

==

What would you do?[/b]

**Mr. Knowitall** · 10-20-2005, 11:35 PM

For litigation, you have two choices:

* See if you can find a lawyer who will take the case on a contingent fee basis; or

* Sue the guy yourself without a lawyer.

You can also file a police report, and see if the prosecutor will go after this guy for a criminal offense.

If you do nothing, you'll likely end up with no remedy.