Q: Fraudulent concealment, breach of fiduciary duty, conflict of interest, and conspiracy.
Dear Sir/Madam. I need pro bono legal help to address breaches of fiduciary duty in my late mother’s trust. Key issues include failure to lodge the will, improper property transfers, commingling of funds, failure to establish the required Special Needs Trust, and withholding a proper accounting. These actions caused financial harm, disqualified me from SSI, and violated California law. I also suspect irregularities in the trust’s drafting. Ex the word SETTLOR was spelled SETTLER. The trust is very confusing. I have a gut feeling it was tampered with and there is not witness signatures on the will. I misplaced the first copy of the trust I after receiving the 2nd copy I found the first copy and it was changed this copy has initials on each page and the first one does not have initials. The trustees threatened the no contest clause on me. Please assist in securing legal representation or investigating these matters.
Sincerely
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- California
- (916) 704-3009
- View Profile
- Answered
A:
This situation involves serious potential trust violations that warrant immediate legal attention. The issues you've described - including failure to lodge the will, improper transfers, fund commingling, and accounting irregularities - are significant red flags that could indicate breaches of fiduciary duty under California law.
The discrepancies you've noticed between trust copies, missing witness signatures, and spelling errors could be meaningful. Document inconsistencies, especially regarding initials and changes between versions, should be carefully documented. While no-contest clauses can be intimidating, California courts may not enforce them if there is probable cause to bring a challenge.
For free legal assistance in California, contact your local Legal Aid Society, the State Bar of California's lawyer referral service, or law school clinics that handle trust and estate matters. You can also reach out to the California Department of Justice's Public Inquiry Unit to report suspected trust fraud. Document everything carefully, gather all versions of trust documents, and maintain detailed records of communications with trustees while seeking legal representation.
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