I need a contingency lawyer in Riverside, CA to put a greedy sibling that has gone undetected for long enough to accumulate properties her salary would never afford. And my good hearted mother's assets depleted. My mother had the attorney draft a living trust and appointed me as the trustee and durable POA. My mother had concerns that my aunt will take her rental properties that I have managed for 22 years. The trust holds five properties. My aunt was revoked as POA after my mother discovered 19 credit cards on her credit report and my aunt had filled both of her houses with stuff. I became the POA and together my mother and I started disputing wire transfers, credit cards, and placed a freeze on her credit agencies. My aunt believes she is the trustee due to my mother keeping the trust
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I need a contingency lawyer in Riverside, CA to put a greedy sibling that has gone undetected for long enough to accumulate properties her salary would never afford. And my good hearted mother's assets depleted. My mother had the attorney draft a living trust and appointed me as the trustee and durable POA. My mother had concerns that my aunt will take her rental properties that I have managed for 22 years. The trust holds five properties. My aunt was revoked as POA after my mother discovered 19 credit cards on her credit report and my aunt had filled both of her houses with stuff. I became the POA and together my mother and I started disputing wire transfers, credit cards, and placed a freeze on her credit agencies. My aunt believes she is the trustee due to my mother keeping the trust a secret. My aunt had tried to get a restraining order on me to poison my relationship with my mother on April 2 2024 my aunt read a letter from my mothers physician stating my mothers dementia has worsened in severity to severe dementia. The R.O was denied. April 8 I discovered the rental properties were listed for sale by a realtor. I arrived to the realtors office and I said my name and the realtor told me to get out and leave. And after I informed the realtor my mother has severe dementia, I was told I am the only person saying this. I was told to email my legal documents. And I did. The dual agent had intentionally excluded my durable POA and the trust document and sold the properties under the old trust and used my mother as trustee with severe dementia. My aunt had dragged my mother to the shady realtor and just ignored my mother's current trust. Then my aunt purchased a property with the money and placed her name on deed first and a new living trust for my mother second. Totally wiping me clean of my mother and the trust and evicting me from my income properties I recently remodeled into air bnbs.
Thank you for providing such detailed information. It sounds like you’re dealing with a complex situation involving potential financial exploitation of your mother by your aunt, along with issues regarding the living trust and property management. Can you clarify whether any legal action has already been initiated against your aunt concerning the properties?
not yet
Got it. Have you had any prior legal assistance regarding this situation or the living trust? Knowing this can help in finding the right lawyer for your needs.
not yet
Thank you. What specific assistance or outcome are you looking for from a lawyer? Are you seeking to file a lawsuit, contest transactions, or something else?
return the properties to the trust along with the new property and sue my aunt for all the damages .She has really gone off the deep end
Understood. You are looking to reclaim the properties for the trust and pursue legal action against your aunt for damages. To confirm, can you let me know if you're looking for a lawyer who works on a contingency fee basis?
yes unfortunately but this is outright misrepresentation of the trust and excluding the trustee
A total of five properties were sold under old trust and my mother was used as trustee . Her severe dementia was known before the sale and the dual agent realtor alsi was informed of the current trust;
Hello Anthony! My name is Dolan and I’m a lawyer here to help answer your questions. Have you see a copy of the trust and is there any documentation that authorized your aunt to do any of this?
I never seen the 2006 living trust but I was told I am a beneficiary but my mother is not dead. And my mother had made the 2024 trust and I am the trustee my aunt was not aware of this and she read the doctors note in court that my mother has severe dementia before the sale of property
My aunt was revoked as P[OA in 2023 and my mother was used as trustee on the old trust
to sell the properties as trustee and the realtor was emailed my mothers condition and the new trust
no documentation
The dual agent realtor used the old trust and excluded the new cause I am the trustee . My aunt has isolated my mother so nobody can protect her from undue influence. with the proceeds my aunt bought a new property with the trust fund from the sale
Ok got it! So through this site I’m not able to do the kind of representation you need, but what I can do is tell you precisely what your causes of action are and what it is you need to do. 1. Your mother is the one with a cause of action for a violation of the required fiduciary duties of a trustee to a trust. She also needs to seek a quiet title action against your aunt. Also, she would need to consider an action for elder abuse. 2. The most practical thing to do is you are going to try to need to go through your mother‘s documents and find a copy of the most recent trust. By finding a copy of the trust, then it would help set the stage to help prove that the aunt was no longer a trustee. 3. Also, it is important to get a copy of the most recent deed on the properties in question. This way, there is the requisite proof that this property may have been taken improperly. 4. Also, I think that if you go back to this website and post a bid about what you need with respect to those causes of action that will help. Lawyers can bid on taking the job and you guys can’work out the terms. 5. As a bonus tip, if you have not already, you may need to seek what’s called guardianship over her. As her legal guardian, you can then stand in her shoes and take action on her behalf, even if she has dementia, because she is an adult, you would not have any rights to act on her behalf, but a skilled probate lawyer can help you navigate this. 6. The other thing you must consider is filing a complaint with your local adult protective services agency. The investigate issues of physical and financial abuse of elders. They would have the ability to then get the forms that you are needing for guardianship, and they have the power to get warrants to access things that you otherwise may not be able to access in the meantime.