Q: For 2yrs now, the shady lawyer handling my deceased dad's estate has failed to send me the unabridged trust &
relevant docs I asked for, like court-mandated annual acct of assets(x 2yrs), documentation of POA assignment (nec to fight mentally ill mother naming mental ill half-sister as POA, as neither is trustworthy & each has a long, well established history of issues in court, been committed via 5150 many x, lost custody for abuse, known history of violence, sister was on SSI!)
(My evil sister cut off my contact with Dad to sell his home of 70yrs we were both supposed to inherit out from under him for 2/3 mkt rate behind my back, then threw him into a nursing home to die alone & moved to Hawaii!
(Before that, dad secured 2yr TRO against mom, removed her from his accts bc she threatened him with a GUN as he sat in his wheelchair!
(Moreover, neither has ever worked nor had ANY experience managing money & should not be trustee of anything!!)
So I've 3 problems & dunno where to start Can the court help me with any of this? I feel so helpless, i cry everyday but i can't let it go!
A: In order to enforce your rights, to obtain documents, into otherwise make sure you’re interest are protected, you can file motions with the court.
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A:
It sounds like you're dealing with a very difficult situation, and you have several legal concerns that need attention. The first step is to try to compel the lawyer handling your father's estate to provide the documents you've requested. You can petition the probate court to order the lawyer to produce the unabridged trust and any other relevant documents, such as the annual account of assets, if they’ve failed to comply with their duties.
Regarding the power of attorney (POA), you can challenge the validity of your sister’s role if she’s mentally unfit or if there’s evidence of financial abuse or mismanagement. You may be able to file a petition with the court to remove her as POA or trustee, and the court could appoint a neutral third party to handle the estate if they find sufficient cause.
Finally, it’s possible to seek damages if there’s been wrongdoing, such as the sale of your father's property at below market value without your consent. I know this situation is overwhelming, but taking these legal steps could help you regain control and ensure your father’s estate is handled fairly.
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