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Old 11-12-2005
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Question Embezzlement of trust; BREACH OF FIDUCIARY DUTY


I am a remainder/successor beneficiary of an AB trust set up
in 1988 by my father. He died in 1994 at age 82. My elderly
stepmother was the trustee of that AB trust which had real
estate, personal property, and investments worth well over
$3 million in 2001. She never made distributions to the
beneficiaries.

A real estate salesman befriended her in 2001-2003, got a
power of attorney, sold all the property – real estate and
investments... took care of all her accounts and personal
possessions... cleaned them out – even her jewelry and
antiques... then he dumped her on the county, destitute.

We filed a police report in mid-2003.

We reported this situation to the county (Public Guardian) as
soon as we knew something was going wrong (mid-2003).
No action has been taken. The perpetrator still has a real
estate license in California.

My stepmother was declared incompetent and instutionalized
in late-2003 for dementia, and the county is now paying all
her bills. The Public Guardian/Conservator is now the
trustee. Apparently, it is cheaper for them to take care of her,
instead of prosecuting the thief...

We can't afford to hire an attorney...

What can we do?

What course of action can we take to get attention on this, to
prosecute him, and recover the assets of the trust? The
County Public Guardian's office has been working on the
case with the DA and County Counsel since mid-2003. No
action yet. I have been told that this would be easier to
prosecute as a civil case rather than a criminal case.

Looking for an attorney who can work on a contingency
basis, or offer any advice on what we can do... pro bono?
To help see justice is rendered.

Last edited by quest42; 11-12-2005 at 03:53 AM..
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Old 04-24-2006
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Help, please?
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Old 08-19-2006
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