Q: Should I obtain a lawyer in Ca. or Idaho ?
My brother has embezzled over $130,000 from our mother's trust, over a 4-5 year period. He WAS the Trustee, and worked as a financial advisor, I am the beneficiary. He has since revoked his trusteeship, and I have the POA . He has been arrested in Chino, Ca. (re-file pending, needing more evidence) I live in Meridian, Id. and Mom (95 yrs old w/ Alzheimer's) is living in Assisted Living, in Boise. I would like to file a civil suit for restitution of the monies that were embezzled.
A:
If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.
Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction is in Idaho.
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