Excellent information and this is what Attorneys Need to hear and See How these Attorneys Have Tried to take Advantage and I will Prove My Case How you deal with Cowards and Cant Follow Through.
Can you tell me what I need to file to make the trustee show an accounting for everything. I’m a beneficiary due to my father being deceased and entitled to his share. Thing is I was told I was not a beneficiary for almost two years. I’ve objected to things but they just kept moving forward. If someone could just see all the mistakes that were made in the trust document and the keeping me from knowing I’m a beneficiary you would know something isn’t right. There is so much that’s not being disclosed. I’m in California but Nevada laws govern the trust. How do I get to the bottom of this on my own? I haven’t reached out bc I can’t afford it unless it’s contingent There was millions I’m sure at stake but not sure now.. The original beneficiary’s are deceased except for one who is co trustee. The other trustee is the daughter to my grandfathers wife who passed in 2004. Yet her daughters are taking 50 percent of my grandfathers trust. Doesn’t make sense to me. Help please. I have not signed or agreed to anything or cashed any checks.
I appreciate and agree with everything you just laid out. We just had a director who was found to have conspired as a director and breached her fiduciary duties to get assets owned by the corporation yet the judge allowed her to keep the spoils of her actions in Burnet County Texas. There were literally no consequences for her actions.
Hey Stephan, can you speak on the fiduciary duty that a divorce attorney has to the respondent in a suit for divorce on the no fault ground of insupportability? Does council have a duty to inform his client of what rights he has that are at risk of being lost?
Is the respondent the client of the attorney or the other side? An attorney only has a fiduciary duty to their own client. If it is their client, they have a fiduciary duty. Be aware that if an attorney is dishonest, that is likely a violation of fiduciary duty. If they mess up (which is more common) it can be professional malpractice or negligence. Sometimes it can be both and the differences can be subtle. These situations are often fact dependent and the statutes of limitation can be different. In Texas, the SOL for messing up is two years. For being dishonest, it is 4 years.
My family has a pending Trust dispute case in Florida against a bad Trustee who stole everything. The person who was financing our lawsuit seems to have run out of money (after spending possibly around $300,000 so far). What are our options? We looked for a Trust litigation attorney who will take the case on contingency, but none of them will do that. It's such a difficult situation to be in. The decedent left his beneficiaries equal shares, but the bad Trustee stole everything at the last minute (through Undue Influence & Lack of Capacity of settlor's elderly, surviving spouse). What should be our next move here? Our attorney withdrew from the case recently and we're unable to find another one. Can you recommend a top (South Florida) Trust litigation attorney who will take the case on contingency?
Let’s talk this afternoon. I probably only have about 15 minutes, but let’s not waste time. It can be hard to be effective jumping in last minute, but let’s talk about your situation and I’ll let you know what I would do in your situation.
I have a question ! I have received a fiduciary duty letter from my former employer , and they are asking for documents , drawings and information but I do not have anything . What should I do ? Can I sue them for harassment and posible discrimination ? Here in Texas
The obvious thing to say is that you can’t give them what you don’t have. That said, without knowing more, it is hard to say what you should do. Are they potentially going to accuse you of some kind of dishonest behavior? If so, what kind? Are they saying you stole, violated a non-compete agreement, etc.? In regard to the question, “Can I sue?” The answer is yes… anyone can sue anyone for anything. The real question is… can you win? Getting money from them for sending a letter asking for something is not terribly likely. That said, facts matter in these things and we don’t have enough facts about what is going on here to give any specific advice on your specific matter.
@@fosterfosterpllc2063 thank you for answering so fast ! The real problem I think it is that I'm working with an other former employee and he made a new company in the same industry. Now I'm working with new company . The information that I have it is in my head but those settings on a boiler were good on those boilers ! Pictures , digrams I had deleted from my phone because I don't need tem anymore . But I'm an ex employee why do I have a fiduciary duty to a company that I'm not with ? I see this letter as harassment and I felt that I was discriminated when i found out other got better pay !
Who breached their fiduciary duty? An attorney that represents a party owes them a fiduciary duty but does not owe the other party a fiduciary duty. Of course, other causes of action, like fraud, could be involved as well.
Help My husband sold his house in a trust and ended the trust and he deposited the money in our saving account which made it comingled. Now my husband wants to sue me and the judicial judge would not send to probate. He is of sound mind and controls his own Trust. They want to say I embezzled or stole money. I just placed the money in my savings account because my husband the grantor and the person who refused to title it in the name of the revocable trust. He said he had spent enough on his kids and was not going to leave them anymore although they were beneficiaries and I WAS a successor Trustee. My husband a Trustee, trustor, and a settler. I am worrying myself to death.
You said the Judge would not send it to probate. Is there currently a case in state District Court? Where did the money from the trust originally come from? Was it in someone’s will or did your husband put money that was his in a trust? Who are the beneficiaries of the trust?
@@fosterfosterpllc2063 My husband and his widowed wife started the trust. It was Ken Schell and Mary Schell revocable trust. Mary died and then I went to Dallas and met Ken in 2014. The house was in the Trust but when I married Ken it was only worth about 150.00 thousand. The steps was falling in and it was a mess. Ken wanted to sell the house so he called a realtor and he offered only about 178,000 for the house and 12.5 acres. I told Ken lets remodel and make the place beautiful. I went to work and Ken also and for 8 years we worked on the house, built decks, carports and in 2022 Ken sold the house and got 520,000 dollars for all the hard work. I worked so much I got a dozen spinal fractures and I am 66. We left went to Alabama and he left me here in Alabama so when he left I transferred the money to my savings account because he is a gambler and I know he sent money to some woman from Mobile Alabama back to Texas. The judge in Waxahachie, April the 12th this year and the judge and Kens lawyer was saying I committed a felony and Embezzled the money. I gave my lawyer the money back minus 9 thousand dollars which I used to live on. I just found out it was a Probate issue first but the judge and Kens lawyer seems to all work against me. We had a motion against me and asked my lawyer were there any reason Martha should be on the trust. Ken got all the money back minus what him and I spent and they are wanting to say the money Ken and I used the money to pay bills off. They removed me from the trust although Ken is the one who paid a lawyer 1,500 dollars to transfer to our joint saving account. Now his 3 children and him are wanting to say I did all of those bad things. The money came from my hardwork is where the money came from. I made a 100,000 plus home go to half a million and now they are trying to ruin me. Ken was cheating and he abandoned me with a niece in Alabama, I stayed a few months then now I am with a sister. I have no money, no care and only get 1,100 and he gets 8,000 plus a month. I am just terrified at what has been going on since April the 12th. Thanks for listening Martha Schell and records at Waxahachie Texas. I feel like I am walking into a tiger den down there and they are all attacking. My lawyer I have not talked to in a month and I am scared they will take me to Jail. MARTHA Schell.
I hired a mn real estate lawyer when I was going to buy out my 6 siblings from our mothers inherited house that was in all our names for 4.5 yrs and the lawyer I hired had also done all the probate on this house when mom passed away, I told the lawyer that I agreed to pay all costs incurred in the sale and pay each sibling the amount agreed upon, plus 3 siblings payed off moms mortgage of a bit over 2 thousand dollars, so I payed all lawyer costs and fees, checks to each sibling plus the mortgage amount to 3 of the siblings and because of a recent divorce of 32 yr marriage and a SSDI backpay award for a mental health illness caused from emotional and verbal abuse from the toxic marriage, I was able to pay in cash for the house, $6,000 to each sibling for total of $36,000, lawyer fees of $970.00 and $2,000 for mortgage payoff. 4 yrs later I sold the home for I believe $89,000 because of the many repairs and updates I had made to it. The day after my house sold(on the market for under 48 hours) my younger sister committed suicide, 2 days later, I was contacted by the realtor and her team, informing me that there were $43,000 dollars in liens against my home from 2 of my siblings old credit card debt that wasn't there after probate but were attached to the house during the 4.5 years when a 7 of us were listed on title. So the mn real estate lawyer that I hired to purchase the house never even checked for any liens on title and I'm assuming she didn't because she was the one who did all the probate legal stuff, I never refused to have anything done when working with the lawyer
The best legal information I’ve found on UA-cam. I appreciate your efforts to present this.
Thanks. I appreciate that.
Excellent information and this is what Attorneys Need to hear and See How these Attorneys Have Tried to take Advantage and I will Prove My Case How you deal with Cowards and Cant Follow Through.
Can you tell me what I need to file to make the trustee show an accounting for everything. I’m a beneficiary due to my father being deceased and entitled to his share. Thing is I was told I was not a beneficiary for almost two years. I’ve objected to things but they just kept moving forward. If someone could just see all the mistakes that were made in the trust document and the keeping me from knowing I’m a beneficiary you would know something isn’t right. There is so much that’s not being disclosed. I’m in California but Nevada laws govern the trust. How do I get to the bottom of this on my own? I haven’t reached out bc I can’t afford it unless it’s contingent There was millions I’m sure at stake but not sure now.. The original beneficiary’s are deceased except for one who is co trustee. The other trustee is the daughter to my grandfathers wife who passed in 2004. Yet her daughters are taking 50 percent of my grandfathers trust. Doesn’t make sense to me. Help please. I have not signed or agreed to anything or cashed any checks.
I appreciate and agree with everything you just laid out. We just had a director who was found to have conspired as a director and breached her fiduciary duties to get assets owned by the corporation yet the judge allowed her to keep the spoils of her actions in Burnet County Texas. There were literally no consequences for her actions.
I am sorry to hear that. I hate when people do wrong and get away with it.
Hey Stephan, can you speak on the fiduciary duty that a divorce attorney has to the respondent in a suit for divorce on the no fault ground of insupportability? Does council have a duty to inform his client of what rights he has that are at risk of being lost?
Is the respondent the client of the attorney or the other side? An attorney only has a fiduciary duty to their own client.
If it is their client, they have a fiduciary duty. Be aware that if an attorney is dishonest, that is likely a violation of fiduciary duty. If they mess up (which is more common) it can be professional malpractice or negligence. Sometimes it can be both and the differences can be subtle.
These situations are often fact dependent and the statutes of limitation can be different. In Texas, the SOL for messing up is two years. For being dishonest, it is 4 years.
This was very helpful! Thank you!
Glad it was helpful!
My family has a pending Trust dispute case in Florida against a bad Trustee who stole everything. The person who was financing our lawsuit seems to have run out of money (after spending possibly around $300,000 so far). What are our options? We looked for a Trust litigation attorney who will take the case on contingency, but none of them will do that. It's such a difficult situation to be in. The decedent left his beneficiaries equal shares, but the bad Trustee stole everything at the last minute (through Undue Influence & Lack of Capacity of settlor's elderly, surviving spouse). What should be our next move here? Our attorney withdrew from the case recently and we're unable to find another one. Can you recommend a top (South Florida) Trust litigation attorney who will take the case on contingency?
Let’s talk this afternoon. I probably only have about 15 minutes, but let’s not waste time. It can be hard to be effective jumping in last minute, but let’s talk about your situation and I’ll let you know what I would do in your situation.
@@fosterfosterpllc2063 Today's not good for me. I'm available on Thursday.
well understood, thanks
You are welcome. I hope it served you well.
I have a question ! I have received a fiduciary duty letter from my former employer , and they are asking for documents , drawings and information but I do not have anything . What should I do ? Can I sue them for harassment and posible discrimination ? Here in Texas
The obvious thing to say is that you can’t give them what you don’t have.
That said, without knowing more, it is hard to say what you should do. Are they potentially going to accuse you of some kind of dishonest behavior? If so, what kind? Are they saying you stole, violated a non-compete agreement, etc.?
In regard to the question, “Can I sue?” The answer is yes… anyone can sue anyone for anything.
The real question is… can you win? Getting money from them for sending a letter asking for something is not terribly likely. That said, facts matter in these things and we don’t have enough facts about what is going on here to give any specific advice on your specific matter.
@@fosterfosterpllc2063 thank you for answering so fast ! The real problem I think it is that I'm working with an other former employee and he made a new company in the same industry. Now I'm working with new company . The information that I have it is in my head but those settings on a boiler were good on those boilers ! Pictures , digrams I had deleted from my phone because I don't need tem anymore . But I'm an ex employee why do I have a fiduciary duty to a company that I'm not with ? I see this letter as harassment and I felt that I was discriminated when i found out other got better pay !
WHAT IS THE LAW ON FIDUCIARY DUTY IN A DIVORCE WHEN ONLY ONE PARTY HAD REPRESENTATION ( AN ATTORNEY) WHEN THE BREACH OCCURED?
Who breached their fiduciary duty? An attorney that represents a party owes them a fiduciary duty but does not owe the other party a fiduciary duty. Of course, other causes of action, like fraud, could be involved as well.
Thsnk u
Help My husband sold his house in a trust and ended the trust and he deposited the money in our saving account which made it comingled. Now my husband wants to sue me and the judicial judge would not send to probate. He is of sound mind and controls his own Trust. They want to say I embezzled or stole money. I just placed the money in my savings account because my husband the grantor and the person who refused to title it in the name of the revocable trust. He said he had spent enough on his kids and was not going to leave them anymore although they were beneficiaries and I WAS a successor Trustee. My husband a Trustee, trustor, and a settler. I am worrying myself to death.
You said the Judge would not send it to probate. Is there currently a case in state District Court? Where did the money from the trust originally come from? Was it in someone’s will or did your husband put money that was his in a trust? Who are the beneficiaries of the trust?
@@fosterfosterpllc2063 My husband and his widowed wife started the trust. It was Ken Schell and Mary Schell revocable trust. Mary died and then I went to Dallas and met Ken in 2014. The house was in the Trust but when I married Ken it was only worth about 150.00 thousand. The steps was falling in and it was a mess. Ken wanted to sell the house so he called a realtor and he offered only about 178,000 for the house and 12.5 acres. I told Ken lets remodel and make the place beautiful. I went to work and Ken also and for 8 years we worked on the house, built decks, carports and in 2022 Ken sold the house and got 520,000 dollars for all the hard work. I worked so much I got a dozen spinal fractures and I am 66. We left went to Alabama and he left me here in Alabama so when he left I transferred the money to my savings account because he is a gambler and I know he sent money to some woman from Mobile Alabama back to Texas. The judge in Waxahachie, April the 12th this year and the judge and Kens lawyer was saying I committed a felony and Embezzled the money. I gave my lawyer the money back minus 9 thousand dollars which I used to live on. I just found out it was a Probate issue first but the judge and Kens lawyer seems to all work against me. We had a motion against me and asked my lawyer were there any reason Martha should be on the trust. Ken got all the money back minus what him and I spent and they are wanting to say the money Ken and I used the money to pay bills off. They removed me from the trust although Ken is the one who paid a lawyer 1,500 dollars to transfer to our joint saving account. Now his 3 children and him are wanting to say I did all of those bad things. The money came from my hardwork is where the money came from. I made a 100,000 plus home go to half a million and now they are trying to ruin me. Ken was cheating and he abandoned me with a niece in Alabama, I stayed a few months then now I am with a sister. I have no money, no care and only get 1,100 and he gets 8,000 plus a month. I am just terrified at what has been going on since April the 12th. Thanks for listening Martha Schell and records at Waxahachie Texas. I feel like I am walking into a tiger den down there and they are all attacking. My lawyer I have not talked to in a month and I am scared they will take me to Jail. MARTHA Schell.
I hired a mn real estate lawyer when I was going to buy out my 6 siblings from our mothers inherited house that was in all our names for 4.5 yrs and the lawyer I hired had also done all the probate on this house when mom passed away, I told the lawyer that I agreed to pay all costs incurred in the sale and pay each sibling the amount agreed upon, plus 3 siblings payed off moms mortgage of a bit over 2 thousand dollars, so I payed all lawyer costs and fees, checks to each sibling plus the mortgage amount to 3 of the siblings and because of a recent divorce of 32 yr marriage and a SSDI backpay award for a mental health illness caused from emotional and verbal abuse from the toxic marriage, I was able to pay in cash for the house, $6,000 to each sibling for total of $36,000, lawyer fees of $970.00 and $2,000 for mortgage payoff. 4 yrs later I sold the home for I believe $89,000 because of the many repairs and updates I had made to it. The day after my house sold(on the market for under 48 hours) my younger sister committed suicide, 2 days later, I was contacted by the realtor and her team, informing me that there were $43,000 dollars in liens against my home from 2 of my siblings old credit card debt that wasn't there after probate but were attached to the house during the 4.5 years when a 7 of us were listed on title. So the mn real estate lawyer that I hired to purchase the house never even checked for any liens on title and I'm assuming she didn't because she was the one who did all the probate legal stuff, I never refused to have anything done when working with the lawyer