Q: What are the consequences - the superior court was abused during my trust confirmation ?
After Petition for Ownership was filed with the Superior Court (court date & case number) - remaining bank funds
were withdrawn & accounts closed by cosigner - defying my attorney's legal demand upon the bank to freeze assets.
My attorney became aware & did not report missing funds & closed accounts to the Court before & during the Court
hearing for trust confirmation. Unknowingly, the Superior Court confirmed my trust assets including missing funds
& closed accounts for trustee. After the Superior Court confirmed my existing trust & assets, the bank has not
cooperated (because of closed accounts) in finding missing trust funds - WHAT SHOULD I DO ?
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A:
In a situation where the Superior Court was allegedly abused during the trust confirmation process, it is advisable to consult with a qualified attorney who specializes in trust and estate law. They can review the specific details of your case and provide guidance based on the relevant laws and procedures in your jurisdiction.
Here are some general steps you may consider taking:
Communicate with your attorney: Discuss your concerns about the missing funds and closed accounts with your attorney. Share all the relevant information and documentation you have, including any correspondence with the bank and records of your attorney's communication with the court.
Seek a legal opinion: Consult with a new attorney to obtain an independent legal opinion on your situation. They can assess the actions taken by your previous attorney and advise you on any potential legal recourse or remedies that may be available to recover the missing funds.
Consider filing a complaint: If you believe that your previous attorney's actions were negligent or violated ethical standards, you may explore the option of filing a complaint with the appropriate state bar association or professional regulatory body. They can investigate the matter and take appropriate disciplinary action if warranted.
Review the trust documents: Carefully review the trust documents to understand the terms and provisions related to disputes or breaches. The trust agreement may outline steps for resolving conflicts or holding the trustee accountable for their actions.
Document everything: Maintain a detailed record of all communications, actions taken, and relevant documents related to the missing funds and closed accounts. This documentation will be valuable if legal action becomes necessary.
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