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Probate Fraud Will & trust in CA. never went through probate court.,

Petaluma, CA |

Dad lived and passed CA 1997. Brother trustee did the accounting himself, $1,000,000.00 was the value of the estate. I was to receive 25% outright received $28,000.00 of the $272,000.00 +/- I should have received. Younger sister received $5,000.00 of the $184,000.00 due to her. Demand letter sent by an attorney I hired, received will & trust from the attorney who wrote it, 1st time I have ever seen the will & trust. Per Attorney writing the Will & Trust Accounting done by brother, not their office. All my evidance extensive proving fraud. Current attorney will not take this on contingent basis. The District Attorney's Office; would this be of interest? State of CA? Defrauding the Federal Govt? There must be a way to receive the answers in which I am entitled to. Thank you so ever much

Attorney Answers 2


It is unlikely that either the DA or the California AG will be interested. Unfortunately, you will have to retain a lawyer to bring an action (probably in the County in which your brother resides) or you could try to file the action yourself, without a lawyer. The California Bar and many local bar associations offer lawyer referral services - some have no pay or low pay panels. Copy the link below and paste it into your browser to get a list. Good Luck.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship

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Based on the information provided in your question, your current attorney may have good reason not to take your case on a contingency fee basis. The lapse of time since your father's death, the very high standard of proof required in a fraud case, and the likelihood your brother may not have the means to pay a substantial judgment make it unlikely even a minimally prudent attorney would take the case on a pure contingency fee basis. Since having an attorney prosecute the case on an hourly fee basis may not be feasible for you, you may wish to discuss a hybrid fee agreement with your attorney in which you pay a reduced hourly fee and a percentage of any recovery.

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