I am one of several beneficiaries of a dead friends trust. I believe the trustee has made secretly made an sweetheart deal on a piece of trust real estate
favoring another of the beneficiaries. Unfortunately I did not have the evidence
to protest the deal at the time it was approved by the court 30 days ago. I do now.
The trustee gave a deceptive report which I "relied on " at the time it was approved
by the court which I know now was deceptive but did not then.
Is it too late to petition the court for some relief , since I did not protest 30 days ago
when the deal was approved by the judge. Again , I was relying on the trustee's deceptive reporting of the transaction which was totally deceptive.
It is not too late to request reconsideration, based on the "mistake of fact", particularly since it was based on the Trustee's representation. I won an appeal on this "mistake theory: In re Marriage of Olsen (1994) - 24 Cal. App. 4th 1702, 30 Cal. Rptr. 2d 306. Self-dealing is something the courts take seriously. But don't delay - you need to take action immediately.
I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all, that is what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you have met online (and they tend to always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.
As advised by attorney Michie, you need to take action immediately. Consult with an attorney who handles probate matters in that court as soon as possible so you don't miss any time limits or have any delay in seeking relief held against you. An attorney is going to need to review the trust, the action taken by the trustee and your evidence that the trustee reported the transaction deceptively. You may want to use Avvo's Find a Lawyer or the Orange County Bar Association's Lawyer Referral to find an experienced attorney in your area..
I am licensed to practice law only in the state of California. The answer provided above is for general information only, is not intended and should not be taken as specific legal advice and does not create an attorney client relationship with the party making the inquiry. The best way to contact me is by email at [email protected]
There may be still time to take action. There are unclear facts in you statement. Consult a probate or estate planning lawyer in person. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Estate Planning and Tax Attorney, CPA (California).
The court will be more concerned about any misrepresentation the attorney may have made to the court than the time within which objections are to be made. Your attorney may decide to bring an Emergency Ex-Parte Motion (24 hour notice to all parties) to ask for a "Motion To Reconsider" to be filed with the court.
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