Yorba Linda, CA asked in Estate Planning and Elder Law for California

Q: Good morning, I want to know how strong of a case against sibling POA mishandling of trust

1. My Father passed away November, 2015.

2. Original trust signed in 2000 stated that I was to receive 40% of the trust and the remaining 60% divided among my siblings.

3. Declaration of Trust signed September 2005

4. Trust was amended September 2009 changing the distribution to be distributed equally. None of this was known to me.

5. Have received final paperwork disclosing change in trust and no other information

Related Topics:
2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Elder Law Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Just based on the outline you have provided, there is no evidence of undue influence or misuse of a POA (or even use of a POA). However, that does not mean you should pass up the opportunity to go over all the pertinent facts with an appropriate attorney. It is not unusual for a change in distribution to be made, or for such a change to be made without informing an individual whose share is decreased. There can be both valid and nefarious reasons for such beahvior.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: What's the problem? What evidence of wrongdoing do you have? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.