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My brothers (who are trustees and are benificiaries) have filed a lawsuit against me for elder financial abuse.

San Jose, CA |

Both parents are deceased.
They reported me to APS over 3 years ago, and was investigated without any actions against me.
They both had Power of Attorney and are trustees for my parents trust, and could of stepped in at any time and taken conservatorship if they really believed there was fraud.
The trust has been completed and Should be dispersed (my 2 brothers and myself EQUALLY), but they refused. Instead stated they would give me only a small portion of my share and if I agreed to that they would not pursue any legal actions against me to return the funds they believe I took..
I showed an attorney the Settlement Document that stated for accepting a partial distribution they would not go after me. A letter was sent in response and They responded by filing a suit against me.

I need the my share of the trust distribution as a beneficiary in order to defend myself against their allegations. What can I do about getting mt part of the distribution? They also know that I can not afford to fight them and are using this to their advantage. Can they withhold my distribution,, which is needed to defend myself?

Attorney Answers 3


  1. You are going to need an local attorney. Your post indicates this will very much be a "fact-based" inquiry and you will need very specific guidance and direction. I suggest you start by reengaging the attorney that you showed the original settlement document.


  2. If they filed a lawsuit against you, then you shouldn't waste any more time posting questions on AVVO. You have a limited time in which to file a meaningful response with the court. Failure to do so could result in them taking a default against you. Make an appointment for a consultation ASAP with a trusts and estates attorney who does litigation work. You can use the AVVO Find a Lawyer search tool to locate one.

    Responses provided on Avvo are for general informational purposes only, based upon the limited information that is provided, and do not constitute legal advice. As such you should consult with your own attorney for specific advice. No attorney/client relationship exists with Kelly S. Davis unless set forth in a written engagement letter. The Wyoming State Bar does not certify any attorney as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.


  3. You definitely need to obtain counsel.

    The attorney you retain will be in the best position to determine what your rights and remedies are. It is not possible to say anything more without reviewing the trust and the allegations against you.

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