We claimed breach of fiduciary duty, went through all of the preliminaries. None of our evidence was taken into account. The Plaintiff used the Estate trust to pay for lawyers, & personal effects, Took out a $130,000 loan with balloon payments. The Plaintiffs inventory of expenditures were never looked at (which we think are fraudulent). We were not able to purchase the property in time, which the judge made the first priority, once that was settled the judged discussed that we should get half the sale price. Then the defendant filed for bankruptcy our case was put off until that was decided. We did not know that we had to make objections to the bankruptcy by a deadline, we thought our case would still be decided and then we could say that the Plaintiff was in the wrong. Plaintiff is on record during interrogatives knowingly making false statements on several occasions. Plaintiff told bankruptcy court that there was no income to claim on income tax since 2013, but obtained insurance and estate money in 2015. So the question is weather there is anything that we can do in this case, if not can we bring criminal charges for fraud for defalcation and perjury?
It’s not the kind of case the police and prosecutors get excited about. You could try to find a sympathetic detective but that seems like a long shot.
If you don’t have a lawyer, you are in way over your head. You have A probate estate, bankruptcy, taxes, insurance, fraud and breach of fiduciary duty all being juggled. You could spend a legal career mastering the finer points of any one of those topics.
Only a detailed review by an attorney can determine if you have any options.
That being said, A case being dismissed isn’t necessarily fatal. If the dismissal was “without prejudice” you can go back to the drawing board and fix the problems. It’s doubtful you could do it without professional help.
If the case was dismissed “with prejudice” your only option is to appeal. You probably shouldn’t without a lawyer.
NOT LEGAL ADVICE! HYPOTHETICAL ANSWERS ONLY. NO ATTORNEY CLIENT RELATIONSHIP CREATED.
I think that your trusts lawyer should be addressing this....and if you do not have a lawyer...then after all this you should learn that you cannot do this yourself.
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