Trustee Mismanaging Fathers Trust

Summary

User suspects his brother, the trustee, is not following their fathers trust instructions. He believes the trust was changed when their father lacked mental capacity and that the signature on the trust document is not their fathers. He also suspects his stepmother influenced his brothers actions and had an affair with one of their fathers employees. He has hired a private investigator to gather evidence. The user is advised to gather all evidence and consult with a trust litigation attorney in California.

Full Conversation

My brother is trustee and not following my father's trust instructions
What specific instructions is your brother not following?
Mismanaging money enabling to make poor decisions and changed the trust not even * hrs before my father passed away
Did your father have the mental capacity to make changes to the trust * hours before his passing?
Not at all
What state is the trust registered in? This will help me provide you with the relevant legal information.
A month prior could not even talk about much could not follow
I'm sorry to hear about your situation, ****. Can you please clarify in which state the trust is registered?
California
What evidence do you have to support your claim that your father lacked mental capacity when the trust was changed?

In California:
- Trusts can be contested if the settlor lacked capacity.
- Evidence of incapacity is crucial.
Me and my wife worked and took care of him
What specific signs of mental incapacity did you observe while taking care of your father?
Worked for him
What kind of work did you do for him and how did it show his mental incapacity?
Took care of all his rental properties I was pool guy and Gardner and all maintence for his big estate he couldn't even talk on the phone if I called from my house
What actions have you taken so far regarding this issue?

In California, you can contest a trust if you believe the settlor lacked capacity. You may need a lawyer's help.
Is there supposed to be a affidavit and signed saying the condition that he was in when signed plus it's not his signature
What makes you believe that the signature on the trust document is not your father's?
He signs all my checks
Can you provide any of these checks as evidence to compare the signatures? In California, forgery can be grounds for contesting a trust.
Of course
What steps have you taken so far to contest the trust? In California, you should consult with a trust litigation attorney.
None
What's stopping you from taking action? In California, you have 120 days from the date you receive a Notice of Irrevocable Trust to contest it.
So even though I know it not valid nothing I could do now see my brother got played bye my step mom
What makes you believe that your stepmother influenced your brother's actions?
They went to the lawyer together and she before my dad died she would say are you prepared and never around my father and telling others if was up to her lance would have nothing and my brother now knows tells me he will go after her later
What evidence do you have of your stepmother's influence over your brother? In California, undue influence can be a ground for contesting a trust.
They don't ever talk except couple months before my father died and keeping me out the house using COVID to her advantage and since my father passed haven't seen face to face since
What evidence do you have that your stepmother was keeping you out of the house? In California, undue influence and isolation can be grounds for contesting a trust.
My wife with me every single day she was able to go inside but I was because I was my dad's #* and didn't want me to tell my dad what I think what's going on and the day he dad was squeezing my wife's hand because I was at the window and he wanted to talk to me but step mom wouldn't let me in plus was having and affair one of my father's employees
What evidence do you have of your stepmother's affair with one of your father's employees?
Employee
What kind of evidence do you have about your stepmother's affair with the employee?
They are together now living together and for one year straight me and my wife went to his cancer treatments and never her always had to do something
What evidence do you have that your stepmother and the employee are now living together? In California, evidence of undue influence can be grounds for contesting a trust.
This is no branner my father been broker owner 45 years so I been around everything plus I hired private investigator
What information did the private investigator provide about your stepmother and the employee's relationship?
That they where together * and still are and they would always be together not even same profession
What evidence did the private investigator provide to support this claim? In California, evidence of undue influence can be grounds for contesting a trust.
I saw them kissing
What other evidence did the private investigator provide about your stepmother and the employee's relationship?
They were fucking
What evidence do you have to support this claim? In California, adultery may not directly affect trust disputes, but it could potentially indicate undue influence.
Because my dies and she says my turn to be number one
What evidence do you have to support your claim that your stepmother said "my turn to be number one"?
My wife is with me every day works with me the last 23 years
What evidence does your wife have to support your claim about your stepmother's statement?
She would tell her that he could be in such a bad mood but when I come over his day lights up
What evidence do you have to support your claim that your father's mood improved when you were around?
That I was essential to him
What evidence do you have to prove that you were essential to your father?
Me my wife's carrer was working and taking care of my father very high maintence
What kind of medical or professional documentation do you have that can support your claim about your father's mental incapacity?
This is crazy because if you talked to my father agents they would tell you I deserve everything
What specific statements or documents do these agents have that could support your claim? In California, such evidence could be crucial in a trust dispute.
They would stand up in court for me
They been around me and seen me every day at his office
What kind of interactions did these agents have with your father that could support your claim of his mental incapacity?
Went to his house
And paying there respects but he had stay hospital bed
What evidence do these agents have about your father's mental state during their visits?
Couldn't do buis no more
What kind of business was your father unable to do anymore?
Real estate
What specific tasks related to real estate was your father unable to perform due to his mental incapacity?
He. Is the broker and owner I told you gad over * agents
What specific tasks related to his role as a broker and owner was your father unable to perform due to his mental incapacity?
Sign papers
What kind of papers was your father unable to sign due to his mental incapacity?
Never mind
I understand this is a difficult situation. If you decide to proceed, consider gathering all evidence and consulting with a trust litigation attorney in California.
You guys suck
I'm sorry to hear that you're not satisfied with our service. Could you please tell us how we can improve?
Everything
I'm sorry to hear that you're not satisfied. Could you please specify what areas you think we need to improve?
That I wish that I had become a lawyer because to many shitty ones
I'm sorry to hear about your frustration. What specific issues have you encountered with lawyers that made you feel this way?
You are all the same
I'm sorry to hear that you're feeling this way. Can you please tell me more about your experiences that led you to this conclusion?
I'm studying hard on law now my goal will be to take you shitty laywers out of buis I promise
What area of law are you studying? It's great to hear that you're motivated to make a positive change in the legal profession.