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I am Successor Trustee for our family Trust and the prior Trustee gave himself property that belongs to another beneficiary.  Does anyone know how to get him to return the assets to the Trust for proper distribution?  I know to go to Probate Court but don't know the wording that is required for the return of the assets.

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16 hours ago, SuccessorTrustee said:

Does anyone know how to get him to return the assets to the Trust for proper distribution?

 

Yes.

 

 

16 hours ago, SuccessorTrustee said:

I know to go to Probate Court but don't know the wording that is required for the return of the assets.

 

If you're insinuating that you need to file something in the probate court, that's not likely correct -- especially if the trust is not court-supervised.  More likely, the appropriate action to take is a lawsuit in regular civil court.  As far as "the wording that is required," that's not the sort of thing you can get from anonymous strangers on the internet.

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Trust matters and probate matters are two different situations that are handled separately according to the law.

 

Did this trust require that a trustee's bond be purchased, or does the language exempt that requirement?

 

Why is the previous trustee no longer serving as trustee?

 

You will need to consult with a trust attorney.  Your attorney can send the previous trustee a "threatening" letter to ask the trustee to please take steps to legally return the asset to the correct beneficiary and if he won't do that he will face breach of fiduciary duties charges in court.

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16 minutes ago, knort4 said:

Trust matters and probate matters are two different situations that are handled separately according to the law.

 

While it is true that probating a decedent's estate and administering a trust involve some different laws and may arise under very different facts/circumstances, as phrased, this is a very incorrect statement.  Among other things, California's "Trust Law" is located in the Probate Code, and matters relating to the administration of a trust are handled by the probate division of the superior court.

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On 11/14/2018 at 9:33 AM, pg1067 said:

 

Yes.

 

 

 

If you're insinuating that you need to file something in the probate court, that's not likely correct -- especially if the trust is not court-supervised.  More likely, the appropriate action to take is a lawsuit in regular civil court.  As far as "the wording that is required," that's not the sort of thing you can get from anonymous strangers on the internet.

 

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8 hours ago, knort4 said:

Trust matters and probate matters are two different situations that are handled separately according to the law.

 

Did this trust require that a trustee's bond be purchased, or does the language exempt that requirement?

 

Why is the previous trustee no longer serving as trustee?

 

You will need to consult with a trust attorney.  Your attorney can send the previous trustee a "threatening" letter to ask the trustee to please take steps to legally return the asset to the correct beneficiary and if he won't do that he will face breach of fiduciary duties charges in court.

The trust waives bond requirements. The prior trustee has died, hence  I am now successor trustee. It is a big job to tackle on my own but checking with attorneys they want $30,000+- retainer. Not in my budget. The deceased trustee also took all the money. I need to go after his estate for reimbursement of monies and real estate. 

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As the trustee of the trust, you owe the beneficiary(ies) of the trust a fiduciary duty, which would extend to pursuing your predecessor for any misappropriated assets.  If you haven't hired an attorney, you need to do so.

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Please explain more of the details.  What is the exact nature of the assets (what type of real estate is it--land or buildings/homes and what form was the money in (a bank account? certificate of deposit?)  How were they taken/stolen?  When (what year) did you find out about the theft and was the trustee alive or deceased when you found out about the theft?  Did the trustee ever prepare a trust accounting for any year that the trust was in existence?

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Is there any money left in the trust at this time?

 

Are you not receiving any income or payments from the trust to be able to afford an attorney to represent you?  When you are interviewing with attorneys, please explain the value of the asset that you expect to receive so that they can be aware of what you could potentially get and then they may be more willing to work with you on a negotiated or delayed fee until the case is won.  Start contacting attorneys outside of the immediate California county that you are in, to try to get leads.

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19 hours ago, SuccessorTrustee said:

I haven’t waited. Within 6 months of his death I filed a suit in probate but became ill with chemical pneumonia for along time. I am now in process of going forward again. The prior filing I did in 2017 was dismissed w/o prejudice. 

But it likely didn't stop the clock on the statute of limitations. You may be running out of time.

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On 11/16/2018 at 1:27 PM, SuccessorTrustee said:

the prior trustee  confessed  on his deathbed in 2016, the prior trustee prepared one accounting in 1998 and he deeded the property to himself.

 

Then the statute of limitations has expired, and you're out of luck.  "If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply."  CCP 366.2(a).

 

 

On 11/16/2018 at 1:46 PM, SuccessorTrustee said:

The prior filing I did in 2017 was dismissed w/o prejudice.

 

This has no impact on the statute of limitations.

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Thank you but my understanding of cases including fraud is 4 years.  It has been 2.5 years.  I'm filing my case tomorrow so I'll see what happens.  Thank you for the information.  Keep your fingers crossed.  I am successor trustee and the final accounting and tax returns were never filed.  This case is still open.  (I think)

WHEREFORE, Petitioner requests judgment against Respondents as follows:

 

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5 minutes ago, SuccessorTrustee said:

my understanding of cases including fraud is 4 years.

 

The statute of limitations applicable to a cause of action for fraud is three years.  CCP 338(d).  However, as I just posted, when the defendant has died, you have one year after the date of death, and the otherwise applicable statute of limitations doesn't apply.

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