Your allegation is very, very serious.
If you have documentary evidence, you should consider bringing it to the attoention of the Califorinia Commission on Judicial Performance. You will be helped if you use a lawyer experienced in administrative law. Ms. Christine McCall of California, who regularly posts on Avvo, should be on your short list of lawyers to consider.
The specific structure of the company does not matter. Use in commerce for trademarks or the filing date for intent to use trademarks, and originality for both types of trademarks, is of greater importance.
Mr. Shultz gives good analysis. It is not a question of logic but very specific rules. You do not indicate in your question if the trust is revocable or irrevocable. You need someone who can review the documents and give not analysis but advice you can rely on.
First, very sorry for your loss.
Second, you did the correct thing by hiring a lawyer.
Third, your question/issue boils down to one of "proof", not "law". If there is no proof, you may be stuck with a personal lawsuit against the driver. I must assume there has already been a deposition of the driver, and other discovery regarding proof of insurance.
Your suggested formula is not the law or practice in California (1/2 remaining amount). Some liens can be negotiated, some not. The attorney fees are normally on gross recovery, not on net after liens. You need to speak with your lawyer on this matter.
You need to consult an attorney so you and the attorney are protected by the attorney client privilege. This issue is way too sensitive for a public site like Avvo.
I am confident that there are many more details than you are disclosing here. Don't be surprised if an attorney advises you have aided and abetted money laundering when your managers "ignored" recording the passport information. Your idea of contacting the IRS - you may not even have a legal right to turn in your client, and to...