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Trust issues in CA. Haven't read any of the laws

Santa said:
I agree, mostly.

But that doesn't mean he should get fucked by family.
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I don't believe a word he fucking says.

He is both a proven liar and an all around fucking nutcase.

I would be more likely to believe that he has no right to the estate and is fighting his sister for what is actually hers.
 
And again, I am no one's attorney here. This is not legal advice to a client.

Edit:
If the house you're in is worth 300K, you owe her, not the trust, 150K to stay in it. You can direct her to sell 150K of anything else from the trust and pay her it. She then removes the house from the trust and deed it to yourself/son.

If everything else is worth 1M, she owes you 500K. If she grows the trust, she owes you half of said growth.

This is all lawful.

If she's smart, she can pay herself, out of the trust, at your cost, which is about 4% max per year.

This is based on what you said, in that you are both co-beneficiaries (50%) and she is trustee.

So please cut the woe is me bullshit and until you know she's out to screw you, stop that too.

You don't even need an attorney for it. Tell her what you want, and if she doesn't agree, then get the mediator/attorney and the trust has to pay for it.

Thing is, the trust doesn't owe you a place to live. It owes you half of what's in the trust. Most can only settle it by cash valuation and total dissolution. That may not be what your father wanted, but it sounds like what your sister is pushing for. Be on that like a hawk on a mouse.
 
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Grendel said:
No, she doesn't. She has to act in the best interests of the trust and it's beneficiaries. That may mean doing exactly what you typed and the way the market is right now, doesn't seem too bad to me.
It's not really the best market to be hanging on to securities and it's the best market to sell houses.
Thing is, that doesn't dissolve the trust nor her responsibilities as Trustee.
You can also request your share, as I said before. So tell her you want her to cash out some of the securities and apply your half of that sale to keeping the house that you are in, for fair market value of an appraisal. The Trust turns over deed to your house, in exchange for half the value of it, paid for by the sale of enough securities, reducing your half of said securities held by the trust. Include whatever else you own half of, as needed, also at fair market value.

Then figure out what else is owed you from the trust and get that in cash, dissolving the trust.

As for trust duration, you're way out of whack. I am the 4th trustee (as unbiased as it gets) of a 100 year old trust.
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What this guy said. At least you have a trust/will unlike my grandparents that got screwed by their siblings with no trust will in place.
 
Me thinks lack of knowledge is causing fear and emotion.

There is a trust, which sets the rules on division of assets. Sounds like you need to read it.

It might say Person X gets the house, or might say Person X gets %% of the trust. As a fiduciary, the trustee has a legal obligation to maximize value…which might include selling the house, regardless of who is living there.


In addition to above requests for information to help, perhaps you can describe how/why you think the trustee is planning to screw some of the beneficiaries.
 
Is that it? He needs 150K to pay off his sister in order to keep the house?
 
PAE is bouncing off the walls. He doesn't know if his sister is trying to screw him over any more than he knows what the lawyer he paid already will do for him. It sounds like he gets triggered regularly and bolts.
 
BTW, I shifted that view, based on the law, not PAE's comments.

She could be out to screw the trust and without review, it's easy to do.

Reviewing it all is easy to do.

She has legal and ethical obligations to promote the trust. Not all trustees do that, but if she loses money due to her actions, it's on her.

She could also go to jail for it, if she uses the trust for her benefit without equal benefit to PAE.

That's all I suggested: Use the trust for PAE's benefit, which should be equitable to her as well.
 
DMG said:
We told him years ago to get a job and quit the sovereign citizen bullshit. He wouldnt have to beg if he had taken our very reasonable advice.
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This 100%

After knowing a few of those people, I fully believe they are worthless leaches to the system.

My childhood best friend is one of them, hates the government, does not pay taxes, has no drivers license, and collects 'disability' even though he is one of the most abled bodied guys I know (body builder in great shape)


Fuck the op, ever since that bs story he told us all and his attitude of every piece of junk in his yard is gold and everything he owns is in a'trust' I know his type well, he is shit.
 
What speculation???? There is the trust and it states what's in it.

Either your sister is doing what she's supposed to or she's not.

A lawyer would be able to find that out.

The speculation is you and your feeling that you're being treated unfair because you ignored a situation.

People suck. I'm not saying your sister may try to screw you over .... Seen it several times, was accused of it myself because my sister was a greedy little **** that was pissed off cause I pushed for her to get sentenced for elder abuse.

But a lawyer who received a a copy of the trust would be able to request documentation of how things are being done and it's legal
 
PAE said:
Thanks..

I've been looking but haven't found one that will work on speculation.

That's key as I'm without funds.
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Im not sure speculation is the right word. It sounds pretty cut and dry and a lawyer should see that durring a consultation if you bring a copy of the trust.
 
PAE said:
Thanks..

I've been looking but haven't found one that will work on speculation.

That's key as I'm without funds.
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We used John DeWart and were pretty happy with him.

I doubt they'll work off contingency if there is no cash in the trust. Not sure what to tell you there.
 
2big bronco said:
Im not sure speculation is the right word. It sounds pretty cut and dry and a lawyer should see that durring a consultation if you bring a copy of the trust.
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I think he's meaning contingency.

You sign away like 30% of your side of the trust if he wins at the risk that if he looses, the lawyer gets diddly.

I'm not sure that really applies here as I haven't read all of it.

From the last few posts, she may just be trying to sell the house and give him his share.
 
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Here is a fucking idea...... Put all your junk up for sale for cheap to move it fast and hire a lawyer to do whatever it is you need done. What's more important right now, a bunch of junk or a place to live? Seems like either way you are going to lose your junk so you may as well make it count.

I'm still not buying the story you present and I think there is alot more to this than you are laying out. Whatever though, ultimately it's not any of our problem.
 
Murder, child molesters, thieves, liars, deaths, sibling betrayal, evictions. Man, your family has it all.
 
PAE said:
Thanks..

I've been looking but haven't found one that will work on speculation.

That's key as I'm without funds.
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Just looking doesn’t give you your answers….


Compile your list of local potential attorneys…
First thing Monday morning call every single one of them…. NO MATTER WHAT!!!!!

This is what you say,
“I am a beneficiary of a trust, set up by my parents….. I think my sister, also a beneficiary, seems to be trying to sell the properties in the trust…..
I would like to have someone look over the trust and make sure things are being handled legally”….

Then stop… do not talk unless to answer any questions, keep all answers short and simple ….do not ramble on about, stuff.

Write everything down….

Report back….
 
Do not do this…….

PAE said:
She has witnessed to the court that she wants the securities (stocks and such) so she can repair the properties but the house in LA is multiple listed for the last 5 days.

So basically shes a liar, she just wants the money.

It's my penance for not liking her murdered boy friend, oh and telling my parents about his past that I found out about, a thief and a child molester.
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Or this!!!!!!!

PAE said:
My ex family, and keep in mind thats her life choices not mine.

Illinois state police website is where I found the CM back 10/15 years ago, she holds a grudge, the guy was a meth addict.

Could link to that site maybe.

Cant find him on the Illinois state website but this is him from a Google search.

View attachment 561200
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None of this stuff matters!!!!! As far as the topic at hand here!!!!!
 
Gregj50!!!!! said:
Just looking doesn’t give you your answers….


Compile your list of local potential attorneys…
First thing Monday morning call every single one of them…. NO MATTER WHAT!!!!!

This is what you say,
“I am a beneficiary of a trust, set up by my parents….. I think my sister, also a beneficiary, seems to be trying to sell the properties in the trust…..
I would like to have someone look over the trust and make sure things are being handled legally”….

Then stop… do not talk unless to answer any questions, keep all answers short and simple ….do not ramble on about, stuff.

Write everything down….

Report back….
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wouldnt it be nice if he could actually do this? he wont
 
Gregj50!!!!! said:
None of this stuff matters!!!!! As far as the topic at hand here!!!!!
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It matters to me, that mugshot looks like Manson, holy shit. My heart goes out to PAE all the more because of the things he and his family have been through.

Everyone jokes and says he's crazy, but if you lived that life you might be crazy, too.
Crazy is one thing, but you're not a bad guy then that's worth a lot. Harmless crazy.

PAE, you need to set a realistic timeline for this thing. Maybe Grendel can chime in with how long this process could take.
And then you ask for help to make 1st and last and deposit on a RENTAL. Because this situation is temporary.
Buying a house is a full on commitment to failure as far as resolution of this issue is concerned. That's throwing up your hands and quitting, not to mention how crazy of an idea that is to begin with for many reasons.

Change the Gofuckme, and ask for few grand to cover upfront fees on a rental, and pay the rent after that until this thing gets squared away.
 
Hi.
I already told you.

Trust issues can be criminal. Go to the DA, most states are cracking down on this.

Or, FREE legal assistance with the VA.

I mean, fuck, you're saying she's already talking with a court? Why? She doesn't have to, if she's executor of the will and trustee of the trust.
 
Grendel said:
Hi.
I already told you.

Trust issues can be criminal. Go to the DA, most states are cracking down on this.

Or, FREE legal assistance with the VA.

I mean, fuck, you're saying she's already talking with a court? Why? She doesn't have to, if she's executor of the will and trustee of the trust.
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I have a feeling that we are missing some conversations that happened on the front end of where we are now.

Skimming through all this, it seems the sister is trying to improve the properties and sell before the market goes stale, which is good for the trust overall. Would she have a legal requirement to discuss those decisions with PAE?
 
Tin Roof said:
I have a feeling that we are missing some conversations that happened on the front end of where we are now.

Skimming through all this, it seems the sister is trying to improve the properties and sell before the market goes stale, which is good for the trust overall. Would she have a legal requirement to discuss those decisions with PAE?
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Nope. No legal requirement to proactively discuss it. She had to present receipts for anything taken out of the trust when asked, though.

However, he has the right to audit where the money is going, and that audit can be done by States resources, if they feel she's criminal.

oag.ca.gov

Elder Abuse Laws (Criminal)

Code Section Description Penalty PENAL CODE § 187 (Murder) A human being was killed The killing was unlawful The killing was done with malice aforethought, Or as a major participant in the commission of one of specified felonies during which the killing occurred, with reckless indifference to...
oag.ca.gov oag.ca.gov

Specifically: Law section

ENAL CODE
§ 368(d)
(Financial Abuse of Elders and Dependent Adults - Non-Caretaker)
  • Theft, embezzlement, forgery, fraud or identity theft with respect to property or personal identifying information of an elder or dependent adult
  • With knowledge that he or she is an elder or dependent adult
  • By person not a caretaker of the elder or dependent adult
When amount or value of property taken is $950 or less:
  • Misdemeanor - one year county jail and/or $1,000 fine
When amount or value of property taken exceeds $950:
  • Misdemeanor - one year county jail and/or $2,500 fine
  • Felony - 2, 3 or 4 years in county jail and/or $10,000 fine
PENAL CODE
§ 368(e)
(Financial Abuse of Elders and Dependent Adults - Caretaker)
  • Theft, embezzlement, forgery, fraud or identity theft with respect to property or personal identifying information of an elder or dependent adult
  • By a caretaker of the elder or dependent adult
When amount or value of property taken is $950 or less:
  • Misdemeanor - one year county jail and/or $1,000 fine
When amount or value of property taken exceeds $950:
  • Misdemeanor - one year county jail and/or $2,500 fine
  • Felony - 2, 3 or 4 years in county jail and/or $10,000 fine

Assuming he's in CA. There are also laws against the disabled, but fuck me, I won't do his research.

If she's taking money for herself, then game over.
 
So, yeah, if she's really stealing from you, and you are really disabled, it's criminal and the Fed has directed all 50 states to crack down on this, HARD.
You are a dependent adult, dependent on the trust for your house.

PAE said:
She couldnt get the securities transferred into the trust as they are outside of it now, she "wants the $$$$$$$$$ to repair the properties" but already has one on the market via Zillow.com and many other websites.
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You say outside of the trust NOW.

It means they were inside the trust at one point. If she took the money into her own account, that is criminal, without paying you 50%. The trust can write checks for home improvement and she needs to keep all receipts that prove it.

Audit it. If you don't want to go the criminal route, by going to your AG, then it's a function of the trust itself. As I said, the TRUST has to pay for it.

She can't take money for herself, without giving you a share, that is apportioned by the trust itself.

But you don't want to hear or understand this.

You just want to piss and moan.

Or I am willing to bet she sent you money and you spent it on a wall safe or some shit.

If that is the case, did she send you the same amount she took for herself?

She has to write trust statements. Where are those?

Go to your local AG's office and be like:

"I am a disabled vet, and my sister and I are 50% beneficiaries of a trust left to us by my father. Here's said trust.

My sister has removed securities from the trust, and I have seen nothing.

I'd like to know what she did with the hundreds of thousands of dollars."

If not the AG, then call attorneys that have forensic accountants attached, but it will cost you a percentage of what you get out of the trust when you audit and dissolve it.
 
Some simple fucking googling of trust fraud in CA:

www.superlawyers.com

Can I sue for will or trust fraud in California?

Top rated attorney Joel R. Bryant answers Elder Law legal question 'Can I sue for will or trust fraud in California?' in CA on Ask Super Lawyers.
www.superlawyers.com www.superlawyers.com

I don't know super lawyers and would run far away, but there's some language for you to use.

More:

The Guide to Family Trust Embezzlement and Stealing | RMO Lawyers

Family trust embezzlement and stealing is more common than you might think. We protect beneficiaries and trustees every day. Here's a guide.
rmolawyers.com rmolawyers.com

"breach of trust"

So either get going or stop lying to us.

Either way, something's fishy but you should not need money from us.

Hell, you could just ask her for a check and instruct her to take the same amount.

She can't even use trust money to defend herself of your allegations. You can. If you're wrong, then you lose the law fees as a percentage of the trust.

Sounds like best thing for you both is to dissolve the trust and you keep the house and some cash, if what you posted here is accurate.

Most attorneys I know would salivate over a case like this. They'd make a grip of cash, a lot of public press and also get the AG involved to prosecute her, making a name for their law firm.
 
And PAE, no more threads on this, please. You can keep this one going for help but let's keep it consistent.

Even the title of this thread is misleading - you can't be evicted from a house you own by a non-government entity.

If the sheriff were to show up, which they won't, the trust owns the house. According to you, you're a 50% beneficiary and there are other assets that more than covers her 50%. You could, via the courts at no cost to you, simply assign yourself the house at the trust's expense.
 
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