stacksgirl
May 1, 2012, 12:29 PM
Calif
My parents had millions in a trust and when mom died, dad remarried. The estate (he died in '09) is now in debt. I am on SSDI and did not know that dad was to provide us an accounting of my mother's trust so I had no idea they had spent it all.
His attorney, I think, has not protected him in many ways as well as had him, my sister and his second wife sign waiver conflicts so he could represent all.
Being in debt, no longer able to afford counsel, 2nd wife threat law suit... my sister, executor, is willing to walk away from all including a 5 million promissory note from our trust to a 50/50 owned corporation of father and his 2nd wife. 2nd wife took over corp. bank account, didn't pay tax; irs/state closed corp. Then she sells the product co-owned product but doesn't pay us any money.
I have tried to get legal help but can not since I can not afford it, it is so complex and doesn't qualify for legal aid.
Questions:
1 Is there any court, official, or other that could/would investigate/audit the estate for fraud, dealings?
If so, can I ask for it, how and if cost can anyone give me some idea?
2 Dad was pushed into setting up an ins trust for her two children which are drug addicts. He has in his diary how she was always being mean telling him he didn't love her or her adult children and condemned his children doing all she could to get us out of his life. He even paid for her to get custody of two grandchildren due to daughter being drug addict. Is it possible to get this by unjust enrichment or duress or that they are drug addicts since it is an irrevocable trust?
3 My parents had a clause about providing for a disabled child. I am an adult and became perm. Disabled after mom died. Dad did not provide for me nor did my sister, the executor when he died (not that there was anything left) His second wife has royalty income and if found of wrong doing, can that be attached?
4 since the promissory note is to a corp, and the corp. has been dissolved, is there any chance she would be liable since she is selling the product that the money from the note paid to have produced?
My parents had millions in a trust and when mom died, dad remarried. The estate (he died in '09) is now in debt. I am on SSDI and did not know that dad was to provide us an accounting of my mother's trust so I had no idea they had spent it all.
His attorney, I think, has not protected him in many ways as well as had him, my sister and his second wife sign waiver conflicts so he could represent all.
Being in debt, no longer able to afford counsel, 2nd wife threat law suit... my sister, executor, is willing to walk away from all including a 5 million promissory note from our trust to a 50/50 owned corporation of father and his 2nd wife. 2nd wife took over corp. bank account, didn't pay tax; irs/state closed corp. Then she sells the product co-owned product but doesn't pay us any money.
I have tried to get legal help but can not since I can not afford it, it is so complex and doesn't qualify for legal aid.
Questions:
1 Is there any court, official, or other that could/would investigate/audit the estate for fraud, dealings?
If so, can I ask for it, how and if cost can anyone give me some idea?
2 Dad was pushed into setting up an ins trust for her two children which are drug addicts. He has in his diary how she was always being mean telling him he didn't love her or her adult children and condemned his children doing all she could to get us out of his life. He even paid for her to get custody of two grandchildren due to daughter being drug addict. Is it possible to get this by unjust enrichment or duress or that they are drug addicts since it is an irrevocable trust?
3 My parents had a clause about providing for a disabled child. I am an adult and became perm. Disabled after mom died. Dad did not provide for me nor did my sister, the executor when he died (not that there was anything left) His second wife has royalty income and if found of wrong doing, can that be attached?
4 since the promissory note is to a corp, and the corp. has been dissolved, is there any chance she would be liable since she is selling the product that the money from the note paid to have produced?