Do I have recourse and how should I proceed if I suspect a breach of fiduciary responsibilities?

While I don’t have a copy of my father’s living Will/Trust. I am quite certain of his intentions regarding the disbursement of his estate. I have detailed information of his assets as he provided this to me in his own hand writing (25 pages). The executor believes I am uninformed and I don’t want to give him the opportunity to cover his tracks. There was also to be a special needs trust for my brother who has been disabled for 40 years and I was to be the trustee.

Asked on March 13, 2012 under Estate Planning, California

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 8 years ago | Contributor

You are in over your head battling an estates attorney over legal matters.  You need to retain an estates litigation attorney in assisting you in getting the evidence you need and presenting it in a compelling way to a judge who must hear your case.  Self help will get you nowhere fast and can even jeopardize your case and the outcome.  Be smart, lawyer up now!


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