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Trust Litigation

Contracts, Trusts & the corporation sole; what they are & how they relate with one another.

Moderators: Tnias, Jus

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Mimi9d9
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Posts: 3
Joined: Wednesday August 19th, 2015 8:22 am MDT

Trust Litigation

Postby Mimi9d9 » Monday September 7th, 2015 7:33 am MDT

Trustee,
My daughter (Erika) is 50% beneficiary of a trust with her aunt Barbara,( an LA superior court Judge and 50% beneficiary and self-appointed trustee). Trustee is self-appointed, against the Settlor's wishes. (Settlor had alzherimers and was under conservatorship).
Barbara accused the original Trustee (BS) of stealing, mismanagement and in exchange for exoneration BS and Barbara wrote a new trust appointing Barbara trustee.
There were some issues with the final accounting AND my daughter was convinced she would receive ZERO if we did nothing.
SO We filed objections to the 7th and final account of trustee and violated the no contest clause in the process.
This was/is a CA trust, we live in AR.
The judge awarded Barbara, the fake trustee the full 1.5 million dollars.
We received an order in the mail telling us so.
This case is 15 years long, there are soooo many issues with it.
The trustee owes my daughter almost 1 million dollars, the true amount is not calculable due to not being able to afford $50,000 for a forensic accounting. I've already spent $20,000 doing wrong and am near the end of my ability to pay more out.
I am making myself sick with regret about filing anything.
Bill Thornton said don't worry about losing we can always file a new case common law.
Upon reading all the info on your site I don't trust that comment any longer.
Barbara is a wealthy LA land owner and my daughter is poor.
What can we do with the order? can I file a Writ of Error, or something to vacate his order?
Can I/we file in federal court in AR? due to diversity or do we have to file in CA where defendant lives?
So many, many questions and keep coming up with conflicting answers.
We have been following and emailing Karl Lentz, Bill thornton, Rob Ryder, and many others on YouTube
We did our own research. Both of us were and still are spending 15-20 hours a day.
I have boxes and boxes of files of printed documents, articles, cases copied from the web and on flash drives.
We have so much data my head is swimming.
We needed some direction. It is extremely difficult knowing what direction to take. Like travelling to Rome, there are many ways?

We cannot let her get away with this. The settlor's worst nightmare was that her daughter would gain control of the trust and steal it all. It is in the court records (conservatorship) she told everyone she could , that she did not want Barbara is control her money.
Doesn't the settlor have a right to determine what she wants to do with her own money?

I sent an email to you and am waiting for a response from someone, there, as to whether you can direct me what to do next
and
will I have enough time to make a difference in this case by doing the research myself/ourself. I have someone who will nominate me (Susan) as a beneficiary.
Susan E

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KingWm
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Posts: 26
Joined: Friday June 17th, 2011 7:20 am MDT

Re: Trust Litigation

Postby KingWm » Monday September 7th, 2015 8:13 pm MDT

Mimi9d9,
Sorry to hear of your troubles. I am sure you need help, but the open forum is not the place to solicit such help. You have given much personal information regarding a specific problem which cannot be answered here. These are issues you must talk to the Trustee about in private. However, you will not be able to get specific help without being a Team Law beneficiary. If you would like to get answers to general (not specific or personal) questions, you may (and are recommend to) call into the morning conference calls and raise your hand (press 5*) early on. If you want more than general help, you will have to become a Team Law beneficiary as well as meet the other requirements, which you can learn about on the conference call. I hope to "see" you in the morning. The Trustee will not give you advice. Team Law's mission is to help you learn how to learn the law. So, think about it tonight and do your best to come to the call prepared with general questions that may help you find the answers you seek.

KingWm

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Admin
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Re: Trust Litigation

Postby Admin » Wednesday September 9th, 2015 7:04 am MDT

:h: Mimi9d9:
Thank you for your inquiry.
Though KingWm was correct with his response, we want to make sure that you understand that if there is any hope in the case you described it will be found in first learning how to learn the law and then properly applying the law. Respectively, that is exactly what Team Law does; we help people learn how to learn the law so they can apply it.

Also, it is clear that you presented only a brief overview of the situation you desire to prosecute; and, that brief overview indicates some critical, yet missing, key elements. We expect you (thankfully) left those elements out of the story in respect of the Forum Rules; nonetheless, to address your situation, those details would be required in order to be able to help you stay on the right track to get the resolve you desire. Of course, to review that level of detail would require Team Law beneficiary support. Your daughter might also need to be a Team Law beneficiary for us to help you both to learn how to learn what you need to know to move forward with your cause.

Respectfully, KingWm was correct, you can call in to the Conference Call and get more information; but, you would be best served to speak with our Trustee privately, as a Team Law beneficiary; so, you can share the necessary details and do the document reviews necessary for us to understand and help you learn how to properly apply your options.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

User avatar
Mimi9d9
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Beneficiary
Posts: 3
Joined: Wednesday August 19th, 2015 8:22 am MDT

Re: Trust Litigation

Postby Mimi9d9 » Wednesday September 9th, 2015 11:46 am MDT

Thank you for your response

I am attempting to message Admin on the private side but the message won't submit.

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Admin
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Re: Trust Litigation

Postby Admin » Friday September 11th, 2015 6:54 am MDT

:h: Mimi9d9:
From the Open Forum system’s main menu’s Image FAQ button, which is found at the top of every page on our forum, under the FAQ topic: “How do I send a private message?” you will essentially find the following (format adjusted for clarity):
    … “Once you have opened the ‘Compose message’ window, you will have to provide at least three pieces of information to send a private message:
    1. A username (to whom the message will be sent);
    2. A subject (the topic of your message); and,
    3. The content of your message.
        (If you omit any of the above required information, the system will provide you with onscreen instructions.)
    Each piece of information has its own window for the information to be entered.
    • If the username to whom you intend to send the private message is not already shown, you will need to enter the username into the edit window provided and then click the “Add” button.
    • Once the username is shown you will need to enter the Subject in the window provided; and,
    • Finally enter the message you want to send in the edit window provided.
    Once your message is ready to send, click on the “Submit” button (located just under the edit window).
    Only click the Submit button one time regardless of how long it takes to respond.
    If you take too much time (over an hour) to compose your message, the system will respond with a message declining your submission;
      If it does, just click the Submit button again and the message will go through properly.
    If you need further help, contact a board administrator for more information.”
We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.


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