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

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


http://www.abanet.org/legalservices/findlegalhelp/lris.cfm?id=CA

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.

You were entitled to receive ANNUAL accountings for each year the trust was in existence, and since you were not given this he may be in breach of fiduciary duty. You may have even been entitled to receive tax returns and bank statements. Does the trust mention that the trustee is exempted from posting a trustee's bond? You should first take the accounting to a CPA to see if it is believable and understandable. Then you should be interviewing with several trust attorneys to see if one is willing to defend you against the trustee. You need to get some reasonable idea of how much you have been cheated out of and also get some type of proof of mishandling by the trustee before you proceed with a lawsuit and your attorney can help you get that information. Was this brother also given a power of attorney by your father to allow brother to handle father's finances while father was still alive? tiekh@yahoo.com Probate Researcher