Sacramento, CA asked in Civil Litigation and Probate for California

Q: My brother is stealing over $100,000 that I know about but I believe That number is a lot higher, help me recover and I'

I received a demand for simultaneous exchange of expert witness information for July 25th 2018 what is this and do I have to go, there's a trial for settlement of accounts on my mother's trust and my brother is a trustee and is in breach of his fiduciary duties to me and is stealing assets from the trust will I be able to address his breeches or will I only be able to talk about his accounting he has forged some letters so I wanted to know if I also can subpoena records from Charles Schwab and if so how would I word something like that, or what is the proper language to use to subpoena Financial records thank you in advance

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1 Lawyer Answer
David L. Crockett
PREMIUM
David L. Crockett
Answered
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Sir, it sounds like you are in the middle of serious litigation..If you have a lawyer representing just you in the litigation, he/she would be able to answer these questions and take appropriate steps to protect you interests. If you do not have a lawyer, you definitely need to hire one. You need to hire lawyer well in advance of trial so that the lawyer can subpoena records and take depositions on you behalf. Sorry it this is blunt but lawyers who attempt to answer piecemeal questions of a person who is self-represented in litigation can get into serious trouble. One reason I have the highest Martindale Hubble ratings is because I tell it like it is. Unless you are an experienced trust litigation attorney, you won't really know what evidence is needed to prove your case and you won't be able to figure out the proper procedures, forms and laws which apply to your situation. It takes law school and a lawyer license and years of experience to figure these things out and properly organize and present a case for trial. Good luck with this. David L. Crockett, attorney/cpa

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