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Trustee Embezzled Money from Our Parent's Trust

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  • 03-11-2014, 12:35 PM
    jamesetherton99
    Trustee Embezzled Money from Our Parent's Trust
    My question involves estate proceedings in the state of: California

    Where do I start? My mom died naturally at age of 93 at the end of January 2014. She lived with one of my sisters in my sister's house for the last app. 5 years of her (my mom's) life. A different sister was the trustee of the trust until about 2003 up until the sister who my mom lived with was made trustee. I never asked about the trust since I didn't think it was proper while the person was alive. a couple of weeks after my mom died, I visited my nephew who also had room and board in my sisters house (where my mom was living). He was privy to alot that was going on and told me that my sister (the trustee) had basically gambled all of the money from the trust away. Just short of half a million. Slot machines, playing them several times a week, all night long. I never knew she had a gambling addiction. Nobody did. I got ahold of an old copy of the trust when the first sister was trustee. I got the first attorney's name from some letters (amendments were made) and called her. I asked her how do I get a copy of the trust. Although she was no longer attorney of record, she told me to mail a certified letter to my sister/trustee. I did so. In the meantime, my sister/trustee shows up at my other sister's house (first trustee), and crying says "there is no money" left. The letter I sent to my sister/trustee via certified mail also asked for an accounting of the monies spent. To make a long short short, she (trustee) is refusing to give me a copy of the will and told me that I am not even in it. Apparently if she is telling me the truth, then I was taken out since in the old trust that I did read (got a copy from my other sister, the first trustee), I initially was in it for one quarter of my mom's estate, divided up with my three sisters. Then it was amended giving me only $5000. And apparently it was amended again to cut me out, specifically, as well as my wife who was in the first trust for $5000.

    How do I make my sister/trustee give me a copy of the trust? If I am mentioned in there as she states that I am mentioned with the language "I have intentionally left my son MY NAME, out of this trust" then do I still have a legal right to get a copy of it, and how can I start to dispute it and how long do I have to do so? I can't really afford an attorney since I am on a fixed income. To further complicate things, both of my children (age 23 and 20) I know are in there for $5,000 each. But since "there is no money" left, how can I proceed to make them whole?

    Thanks
  • 03-11-2014, 12:47 PM
    Welfarelvr
    Re: Sister/Trustee Mismanaged (Gambled Away) Mom's Trust Money ($500k)
    It seems like your sons can sue for breach of her fiduciary duties based on the fact they are not getting what was allocated from the trust. As part of discovery, they will be able to find out what the trust says and get something related to how the money was spent.
  • 03-11-2014, 01:04 PM
    Mr. Knowitall
    Re: Trustee Embezzled Money from Our Parent's Trust
    You and your kids should retain a trust litigator (not a generalist who drafts trusts, but somebody who litigates these issues in probate court) to review the facts and advise you. Perhaps you can find a lawyer who will work on a contingency basis.
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