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howi82cy

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  1. The Will of my wife's father as far as the real property involved stated that his wife (who is not the mother of his children ) could reside at the property for the balance of her life but if at anytime should she no longer resides at the property ,sell the property or become deceased one half of the property's value of to be divided equally between his two daughters and grandson. With the change of title of the real property during probate the above information was made part of and incorporated into the deed for the real property What has happened is the stepmother sold the property and the title company failed to disperse the funds as per the Will which is filled with and as part of the deed. There were no notices sent and it took about a year for us to discover the sale. Two months ago the title company accepted responsibility for the error.this is where we are at .They tell us that they will pay when they get to it and they want to pay a reduced amount . We are in CA but the the property, probate and escrow is in WA
  2. The reason I took action was because no one else was and the only asset in the trust was my home. I had sold my home many years ago and used the proceeds to pay off the mortgage and back taxes on my mother's property that is now in the trust. I eventually ended moving into the home to care for my mother (settler in the trust). I didn't think she could qualify for a loan and never heard of a reverse mortgage. She took out a reverse mortgage when she was preparing for open heart surgery and this is the begainning for the cause of the civil action. How can I legally pursue my cause to protect my asset short of putting funds up front? I have tried that and you can see where that has got me,broke with a strong case that I am unable to legally litigate. The case is strong enough that my amended complaint caused Fannie Mae to cancel a pending sale and take the property off the market. I know the realtor handeling the property who was told to take the property off the market because of a pending legal matter. I would like to thank everyone that has given input to this topic and the legal reference for me to review. You have given me much insight on the difficulties in writing and the preciseness required in legal writting. If you want to know more about this reverse mortgage you can go to 4uhere.info where there is an out line of what occured during the life of this reverse mortgage and was a major factor to cause the end of my mother's life Please any suggestions on how to porceed please reply. I will be reviewing this topic regularly.
  3. This is correct I am not a trustee of the trust. I am a beneficiary and the only beneficiary that will benefit from the trust as agreed in writing bettween all beneficiaries providing I am successful with the civil action otherwise no one will benefit because there will be nothing to benefit from. I fully understand the relationships within the trust. So what you are saying is that the trustee can not deligate the responsbility of representing the trust's assets in a court of law to anyone other than an attorney. This being so how does a Beneficiary protect their assets in the trust where a attorney was hired to protect the assets from an unlawful legal action knowing the amount of funds available for his services ($20,000) Then expends the funds to his hourly fee and then removes him self before the the 1st demurrer on the complaint. Leaving us on our own resources without funds for counsel and a on going civil action? This does not answer my question but as an answer to what you imply I will say that I was not foolish enough to start these action without full consent in writing of all the beneficiaries and all documents presented are signed by the successor trustee and myself. In addition I am the only one that will benefit from the trust as agreed in writing by all beneficiaries. I admit unwisely investing my funds in an attorney that was a thief who failed to represent the trust and knowing the funds available started a lawsuit and then bailed claming the funds spent. Being the only benefiting beneficiary I do hold myself liable but the only thing I know to do about it is take a hard lesson and try and do something about, that is why I am here.
  4. I find this answer puzzuling because I have done 2 admendments and been through a demur, case management and ex parte hearings and that I am not an attorney has not been an issue. I asked the above question because the demur on my 2nd Amended Complaint makes reference to myself as not beiing the Successor Trustee. In the Trust documents it states that the Trustee as the authority to assign any or all powers and responsibilities in contract, power of attorney or any other means deemed lawful, this we have done. I have not found any law preventing me from representing my mother in reguard to the property held in the Trust. I am the Executor to the Will which gives me the authority to represent my mother's interests. If I could be directed to where the support for your answer is I would much appreceiate and would be a great help in preparing for my next demur hearing. I have spent over $30,000 of my own funds most of which was used before the 1st hearing. There are no funds in the estate or trust.and I can no longer afford attorney fees. To allow the the blatant violation of the law by the Banking industry to commit the theft of my home is not an option.
  5. Iam involved with a revocable Trust that since the Settler has deceased I believe is irrevocable in the State of California. I am not the Trustee but have been performing the duties of the trustee since the successor Trustees named in the trust do not want and have not accepted the responsibility.There are 3 heirs, 2 were named as successor Trustees, I was not and 1 real property are involved. All heirs/ beneficiaries are agreed. I have initiated a civil action involving an unlawful foreclosure of a Reverse mortgage with the property in the Trust. Can I lawfully represent the Trust's Interests through a power of attorney signed by the authorized Successor Trustee, notorized and witnessed and is stated in the Trust's document that the trustee can grant the power of attorney if in the interest of preserving the assets of the Trust, without a court or probate action to show good cause for my athority to be reconized in the civil court? This also the only asset in the Trust and all beneficiaries are agreed.
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