Getting damages when suing a trustee

[@dotsyjmaher]

Thank you for giving hope in VERY upsetting situations when one is dealing with shocking circumstances...MOST people do NOT expect their siblings to be treacherous.

[@TheGrossmanLawFirm]

Thanks for your kind words Dorothy.

[@jimmoravec1326]

Yea my brother is the trustee and I’m a beneficiary. I haven’t seen him in 2 years

[@jimmoravec1326]

The problem is that if you can’t afford to hire an attorney then there’s absolutely nothing you as a beneficiary can do.

[@dotsyjmaher]

Missed profit was one of what I thought was an issue...but I NOW think my "sisters" followed my request to invest and just PRETENDED that mother would not have approved...so BOTH are actionable

[@jimsmithnyny8905]

What if you sue the trustee and they immediately do the following 1. Not reply, answer, respond to your summons ?..2. Does demurrer and motion to strike ? 3. Disqualifies the judge ? 4. Demands that you answer to their demurrer and m to s ? Immediately demands a jury trial within a year ? And other offensive motions, to cover their guilt.....

[@jimsmithnyny8905]

What if you sue the trustee and they immediately do the following 1. Not reply, answer, respond to your summons ?..2. Does demurrer and motion to strike ? 3. Disqualifies the judge ? 4. Demands that you answer to their demurrer and m to s ? Immediately demands a jury trial within a year ? And other offensive motions, to cover their guilt......

[@TheGrossmanLawFirm]

It sounds like this case is taking place outside of California. We only practice in California so the rules of your state may differ. We strongly encourage you to discuss your case with a trust litigation attorney licensed in your state.

[@og-greenmachine8623]

Combat vet on a pension. 100% disabled🇺🇸 I’m living in the house 3 years, after Paying $20k cash to prevent foreclosure. Grandma’s house R.I.P. No will & aunt takes my $2500/mo and applies it to debt. w/out telling me lender or any loan info. Don’t even know how much we owe. Rather have my $100k back, to get my own place. I was suckered by my own AUNT...

[@TheGrossmanLawFirm]

If there is no will and no trust, then you may need to open probate. That would put all the property into the estate, allow you to take control of the situation, get reimbursed for what you spent to preserve the estate's property, and get the property distributed so you wouldn't have to deal with your aunt.

[@og-greenmachine8623]

@@TheGrossmanLawFirm THANKS!

[@lorettabunten]

How do I find a attorney to help me as a benifituary of a irrevocable snt my fidituarys are charging absurd amounts in excessive fees draining my trust and and threatening me that I won't have a trust the partial accounting I recieved lacking detail I requested us so wrong when i had it gone thru bu a friend who is a accountant said it's way off in many areas I'm on ssdi income I cant pay for attorney to help me my trustees won't distribute funds for me to hire a attorney what do I do I need help and I can't find it meanwhile they are steeling my trust from me ill end up homeless help please!!

[@Trike.]

Dad dies . leaves property to 2 sons in trust , one son is trustee and beneficiary , #2 son the other is just a beneficiary . #1 son wants the property and is also the trustee but stalls in getting appraisal in hopes that the housing market will crash due to covid in the new year and a rise in foreclosures and flooding the market with inventory in essence devaluing the price of dads home . Then offer #2 son a reduced amount for his share since now the housing market has plummeted. In where the property was worth a 100,000 more the previous 6 months .

[@TheGrossmanLawFirm]

#1 son (the trustee) is breaching his fiduciary duty. He is required to act reasonably under the circumstances. A deliberate delay in either selling the property or getting appraised in order to negotiate a buyout is his fault. You don't have to agree to a buyout. Your brother's failure to act will become his problem if you sue him. You didn't mention when your father died. The longer the time span, the more likely your brother has breached his fiduciary duty.

[@Trike.]

@@TheGrossmanLawFirm Thank you for your quick reply , Dad passed may 15 2020 . Also Brother #1 will not clean up property before getting an appraisal or make any repairs , another effort to devalue dads home further and make #2 son suffer loss if and when appraisal in completed. Homes in same size and area sell for 950.000 , Brother 1# is a building contractor and does remodels for a living . Dads house does need work to renovate it say 50,000 . After renovation property could sell for 950.000 Brother hopes property will appraise for 500,000 , then buy me out at 250.000 leaving 450,000 on table -50,000 for repairs and having a balance of 700,000 for him to pocket for himself . In essence cheating me of the ability to help in the remodel and share in the profit by buying me out with a low ball offer . The deal was before dad died , that we would both invest in having dads home fixed up , then sell then split the profit evenly of 400,000 to 450,000 . But brother #1 sees and opportunity to keep all and any profit should he purchase dads home at a low ball offer from bother #2. So i get 250,000 he gets 700,000 after renovations . If you could buy a 700,000 dollar property for 250,000 would you ? Ya its kinda like that . Thank you .

[@TheGrossmanLawFirm]

@@Trike. Your brother cannot "force" a buyout on you. Without seeing the trust, we can't tell if a nonprorata distribution is permitted. If it is, you can make the claim he has undervalued the trust property for the reasons you have stated. If it isn't then he is breaching his fiduciary duty to you by gaining an advantage distributing the house to himself. Unless you can gain his cooperation, this situation isn't going to fix itself.

[@nelsonmachado6885]

You would of owed more taxes to the government how does that help you?

[@Trike.]

​@@TheGrossmanLawFirm Scott Update: It taken 4 yrs to settle the case , it went like this . Brother though he could force me to to take out his low ball offer which i declined over and over. Then brother takes the trust property and deeds it himself and wife . essentially stealing the property out of the trust and giving it to himself and wife. The court ruled against him and his wife took trust property in bad faith , not only did the court remove him as trustee but awarded me double damages . The court determined that my brother was a liar and a cheat , concealed the matter that he had taken trust property without my knowledge . All this was stated in the tentative decision after the trial. Thank you for your advice 3 yrs ago , that lead me not to give up. It helped me not to get ripped off and left homeless from my bother who was the trustee .

[@markeberly5036]

I may have a Suit against some fools in MI. Malfeasance of sort.

[@securealliance1]

I have to sue exector. She stole my entire inheritance worth 13 million. How do I get it back.

[@TheGrossmanLawFirm]

If she stole it, then if this happened in California you will want to hire a probate or trust litigation attorney to file an 850 petition.

[@user-om9yf4kp4l]

Here’s a scenario ,(over 10 years paid into) A beneficiary of a Social Security trust fund is asking for Social Security disability insurance benefits, but the judge or the magistrate says no I will not give you these benefits and instead puts the beneficiary on something subpar called SSI that is temporary ,basically unusable remedy.

[@TheGrossmanLawFirm]

You should consult a lawyer who handles SSDI claims. This video is for beneficiaries of trusts created by individuals and couples.

[@user-om9yf4kp4l]

@@TheGrossmanLawFirm Isn’t that the same as Social Security trust fund? Aren’t fiduciary obligation the same in any trust ?? Just saying I don’t think you see the golden egg I’m trying to hand you

[@basicprogrammer6147]

This is exactly my situation.

[@TheGrossmanLawFirm]

Then make sure you do something about it. These situations don't fix themselves.

[@basicprogrammer6147]

@@TheGrossmanLawFirm Thank you, will do. The trust was created in IL. The creator, my father, died and the trust became irrevocable. The trustee, my mother, moved to FL. She has breached her duties and is not providing a copy or accounting of the trust to me, a contingent beneficiary who benefits when/if she ever dies (she will be the oldest living person on earth!). So, do I sue her in IL or FL? What attorney in FL would you recommend if I am supposed to sue her in FL? I live in IL.

[@TheGrossmanLawFirm]

@@basicprogrammer6147 You will need to file your case in FL. We don't know anyone there to whom we can refer you.

[@basicprogrammer6147]

@@TheGrossmanLawFirm Thanks, but this is getting weird: 2 attorneys in IL said I need to file a case in FL. 2 attorneys in FL said I need to file a case in IL. So, after speaking with at least 6 attorneys, no one will help me.

[@TheGrossmanLawFirm]

@@basicprogrammer6147 Sorry we can't help you. If the trustee is administering this trust in FL then typically FL would be the correct jurisdiction. We hope you can find an attorney to help you.

[@TheLorraine77]

What would I have to pay down. Or do I get a free consultation? The executor Kept the money and never communicated with me about any of it. So we can say who and then you can take your money, But if I do have to pay first I need to know that's why i'm asking for a consultation for free

[@TheLorraine77]

Damages, theft, and emotional.distress. She did.it as soon as my son died

[@wer113]

Can I put a mechanical lean on a home that did plumbing and painting on that I am a beneficiary of. Trustee has not talk nor given an accounting. Thank you.

[@TheGrossmanLawFirm]

We don't recommend it unless you had a written contract for the work, are licensed as a plumber, and didn't get paid. Your trustee is likely breaching their fiduciary duties by not talking with you and not accounting. That may be the best place to start your case.

[@user-om9yf4kp4l]

Is the trustee the one calling himself the magistrate or judge?, under a Social Security trust fund claim? Fiduciary obligations do not discriminate . So how could a judge or magistrate discriminate to the beneficiary when a claim is being claimed?

[@TheGrossmanLawFirm]

This video has nothing to to with Social Security claims. It is for beneficiaries of trusts created by individuals or couples.

[@user-om9yf4kp4l]

@@TheGrossmanLawFirm , sorry, I thought individuals created Social Security trusts as well, even though managed and controlled by the government.

[@nidasalvador9705]

Thank u I they release my assets from my late husband .thank u thank .even so small to I get from my late husband am so happy

[@trackmastersdj]

What is a Trust beneficiary supposed to do if his grandfather left him a large inheritance, but the Trustee steals everything for him/herself. Lawyers are not affordable 😑.

[@TheGrossmanLawFirm]

I assume you mean lawyers are not affordable using a traditional, hourly rate. Discuss your case with a lawyer who takes trust litigation cases on a contingency fee arrangement. If your case has merit and the trustee has assets, then you can get a lawyer to take your case without having to pay anything until money is collected for you.

[@trackmastersdj]

@@TheGrossmanLawFirm I tried and none in my area were of any help. One lawyer said he might do that, but wanted to see recent financial statements. I don't have those because the rogue Trustee isn't being cooperative at all.

[@xlovex4740]

@@trackmastersdj many lawyers have a free hour . My lawyer wrote a letter (free) demanding the bank statements.

[@evamoreno8909]

How can I find an investor to find information for me regarding an inheritance?

[@TheGrossmanLawFirm]

We don't know if you can. Why would you need an investor to find information regarding an inheritance?

[@timothyandkelliesaiz5718]

I have a trusty that's taking money like this to me

[@cuarajhyrojayju4397]

What would be the damages if the trustee collected insurance money on the beneficiary units and refused to repair her units?

[@TheGrossmanLawFirm]

I'm assuming your are referring to apartment units or some other type of real estate. The trustee's failure to repair the units means they are either unrentable or renting for well below market value. The damages are for reduced rent, the reduced value of the building, and prejudgment interest. We have a video that explains this in some detail. You can find it here: kzbin.info/www/bejne/lYGal6psftSJgsk

[@kevinfunk1691]

How do you obtain damages when the court violates its fiduciary duty in removing assets without the trustees consent from a irrevocable trust & arrests the trustee in upholding the trustees fiduciary duty to protect the trust from a void judgment/nullity?

[@TheGrossmanLawFirm]

In California, the court doesn't have a fiduciary duty nor would the court have the ability to remove assets from a trust. Is your case taking place outside California?

[@kevinfunk1691]

@@TheGrossmanLawFirm in polson montana, lake county authoriries are illegal trust busters entering fraud upon the court to achieve such& montana supreme court conspiring. See Funk v. Fox 2017 U. S. Dist. In making a irrevocable trust a WILL..When there was NO DISTRIBUTUION BY THE TRUSTEE & BENEFICUARIES NEVER RECIEVED IRREVOCABLE TRUST ASSETS.

[@kevinfunk1691]

As held in SEC. Mut. Benefits Corp., 2020 U.S. Dist. , the Charles Funk irrevocable trust per terms has the same conferred power to terminate the trust upon the trustee to hold assets in the trust til 2080, when a trust beneficiary may be in peril, as the purchase of the trust is to protect trust assets from a beneficiaries divorcing spouse or creditors. Mt. Courts engaged in prohibited adjudication to extort Charles Funk irrevocable trust assets.

[@TheGrossmanLawFirm]

@@kevinfunk1691 It sounds like this is in federal court. You should discuss your situation with a lawyer who practices there.

[@timothyandkelliesaiz5718]

How can I get a hold of you

[@TheGrossmanLawFirm]

You can go to www.grossmanlaw.net and fill out our contact form or call us at [phone].