Michael E Freedman's Legal Cases (2)

Trusts

Russell Family Trust

Jul 03, 2012

OUTCOME: $280,000 verdict against trustee who mishandled trust funds. Tehama County

Professional trustee of family trust used trust funds to invest in his own investment company. Fraudulently misrepresented assets in Trust Accounting. Trustee's actions resulted in removal by the Co ... urt for breaching the duty of loyalty; conflict of interest; disclosure; Uniform Prudent Investment Act; and self-dealing. [Probate Code Sections 15642(b)16002, 16004, 16045]. Surcharge damages included forfeiture of trustee fee. Total damages awared $280,209.

Trusts

Trust of C

Dec 13, 2007

OUTCOME: Settlement for seven figure amount

Sometime in the fall of 2002, our client's brother John C made an appointment to visit an estate planning attorney. Prior to the appointment , John C had handwritten certain amendments he wanted to m ... ake to his prior Trust and also drafted a handwritten holographic codicil to his will. In accordance with J Câ€™s wishes, the attorney prepared the trust instruments, and forwarded these documents to John C by mail. John C received the letter and enclosed documents. However, John C did not sign the documents. Prior to his death, however, John C expressed his belief to his friend and physician and to relatives that he had made a change to his will and trust in which he named his brother, our client, Thomas C sole beneficiary and Trustee. We argued that the handwritten changes were a valid amendment to the prior trust.

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