This lawyer was my mom‘s lawyer and my lawyer for quite a while. He drew up her will, and wrote a testamentary trust into the will as well. He used such archaic language and such a poor construction of it that nobody could even understand exactly what was supposed to happen with it. I am the sole ben...eficiary of this trust and it was HEMS trust. I have had nothing but heartache over it for 16 years. I have major health issues that it could’ve been used for to help me all along the line, stage four chronic kidney disease and am nearly on dialysis, and a cancer scare that must be monitored twice a year, that was found at the same time. My kidney disease was found in the year 2010. Only a year after my mother passed away. I should’ve had help with my health insurance that I was paying privately before I went on Medicare. But because of his poor construction of this trust, I had a trustee who decided that they didn’t have to give an annual accountings, even though it was stated there in the will, The part about annual accountings written in the will hiding among a long paragraph, that you could miss if you didn’t read absolutely carefully and in such small print that you need a magnifying glass to read it. I’ve had trustees breaking fiduciary duties ,, they decided they wanted to terminate and dissolve my trust, and took me to court four years ago to do so. I guess they may as well have… I never received distributions.
It is still in a position to where they have to do a sworn accounting, but then I will have to hire a forensic accountant to go through everything since I’ve had basically 12 years of non-accounting. The first trustee was chosen by my mother, and I think with the help of this lawyer, and the first trustee never gave mandatory annual accountings
either. . I was made to pay the taxes for this trust out of my own pocket while they passed. Generated income via K-1 to the IRS every year. I have tried to call this attorney several times to get help… He’s given me one referral and it turned out to be a dead end. I called back to try to get help maybe another referral to another attorney that could possibly help, and was met with nothing. I would tell the man who answered the phone at his firm, what I. Needed and would ask for a call back, but Mr. K. would never call me back. I can’t say that he is responsible for what the trustee’s attorney has done, , which unfortunately appears to be misappropriation and conversion with my trust funds , however, I can hold him responsible for not returning my calls and not helping further when he wrote such a poor trust instrument. I guess he just figures that since he is not my attorney now that it didn’t affect him. Just please if you have to have a trust written , make sure if he writes it for you , that it is up-to-date and contains modern language and is not left for people to take and manipulate , so that you don’t get taken to court to have your trust dissolved and terminated also. The trust was dissolved and terminated January 30, 2023 with the court order stating that I got everything free of trust, but that has never happened. I have not received everything and without an annual accountings, I may never know how much was in this trust . I never knew from the beginning. When he read the will, there were already two or three or four things that were outdated and he says oh no, you don’t get those you only get these other investments , etc… listed , so there was confusion from the beginning. I think he has a lot to learn, even though he’s been around for a long time and he leaves a lot to be desired. My life has been in total uproar and I have had to spend a fortune on attorneys to try to get this resolved and I’m still not finished. Thanks to him., I’ve never benefitted from a trust that was supposed to be for my well being It may as well have not been drawn up in the first place!