In the interim accounting, 1 yr., administrator lied to court to gain order to lift lis pendens enabling sale of 3 parcels of real estate in order to receive realtor fees 10's of 1000's of dollars , commission. Administrator is also seasoned, dishonorable broker of real estate of known bad faith. Claimed properties were targets for vagrancy, but in fact 2 properties producing rental income from tenants for over 2 years time at the time of deception. Is this fraud on the court ? A violation? Also, administrator shows favoritism, refuses mail 3 times from beneficiary after sending 'Notification by trustee' to all other benficiary stating address for them to send questions, & beneficiary can receive terms of the trust if requested in writing. Excludes 1 of 6 grandchildren in estate initially and after excluded party sends rep. a request to receive docs as all beneficiaries have, providing the same address again known to him , but mail is refused. Beneficiary proactively forwarded the returned / refused mailing to attorney of record representing administrator in Ca Probate matter. Are these acts violations ? To what degree ? What should I do about this ? Thank you .
These would show breach of fiduciary duty, fraud, perjury, you name it. Consult a lawyer to discuss the courses of actions. Good luck, Zaher Fallahi, estate planning and tax attorney, CPA.
It certainly sounds like the tustee/executor is not being impartial and it would sound like a petition for breach of fiduciary duty and possible removal/surcharge may be in the best interest of the beneficiaries. Contact an attorney and have that attorney review the trust, accounting and probate file to advise you further.
The County bar association has a lawyer referral service which can recommend one or more lawyers with the expertise you need. They often offer a 30 minute free consultation.
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