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If a decedent had a living revocable trust, then died, and a few days before they died, a relative got ahold of the trust, then

Albany, CA |

that relative didn't show it to other family members until over a month after the decedent's death, were they breaking any laws for the time that they kept the trust to themselves? Seems like fraudulent concealment to me, but maybe not...

Attorney Answers 3

Posted

They didn't break any laws. This is not the same thing as saying they acted properly.

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Posted

I do not think there is any action for fraudulent concealment. If the relative is the trustee you will want to be certain he acts properly in administering the trust and may want to retain an attorney to represent your interests.

The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.

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Posted

What were the damages? Yes, they should not have done that, but did those actions cause any tangible harm?

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3 comments

Asker

Posted

Yes, they did cause a lot of harm. I wound up losing a house over it. I got told everything was 50.50, which sounded fair and great. After I signed some things I was given and about a month after the death, I received copies of the trust which named me as the successor trustee. I was supposed to get the whole house but instead I lost out of half ownership and subsquently was pressured into selling it. I wish I hadn't. If I had seen the trust right away, things would be different now.

Charles Adam Shultz

Charles Adam Shultz

Posted

You need to see a trust litigator. There may be liability but you have way too much to get into through these boards.

Asker

Posted

I know I do. Thanks. Can you recommend a good pro bono trust litigator? I have no money.

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