#TRUST BENEFICIARY SUES #TRUSTEE FOR TAKING #TRUST MONEY & #UNDUE INFLUENCE — #gambling problem taking advantage of mom with #dementia?
This is a very recent case, whose #legal opinion was issued literally days ago, by a federal court in Nevada regarding allegations of
- #undue influence
- misuse of #trust funds
- #elder abuse
- #financial exploitation of the elderly
- #breach of fiduciary duty by a #trustee
#WAS THERE #FINANCIAL ABUSE AND #FINANCIAL EXPLOITATION ON A #VULNERABLE ADULT OR SENIOR CITIZEN ?
This is serious stuff with serious allegations against a son who is accused of convincing his mother to move to Las Vegas, from Michigan, and then took #financial advantage of her and a #family trust.
DID THE #TRUSTEE BREACH HIS #FIDUCIARY DUTY?
This is a good case to read if you are considering filing a motion for a #temporary injunction against someone who #took trust money or against someone who is #exploiting the elderly – – – #financial abuse.
Although this is a Nevada case, #Florida probate law, and #Florida trust law, permit a #Florida probate court to issue a #temporary injunction or a #permanent injunction on trust funds under very limited circumstances.
WHAT DID THE #TRUSTEE DO WITH THE #TRUST PROPERTY AND #TRUST FUND?
HERE’S THE #INHERITANCE WAR OF THIS #TRUST LAWSUIT — allegations and accusations
- Plaintiff Cindy brought a #trust lawsuit Chris
- Cindy is a #beneficiary of a #family trust
- Chris is the #trustee of the #revocable trust
- Chris’s mom suffers from #dementia
- Chris supposedly conducted #financial transactions without his mom’s consent
- Chris allegedly #diverted money from the #family trust
- Chris took out loans secured by #trust property
- Chris is alleged to have a gambling addiction
#TRUST BENEFICIARY SUES #CO-TRUSTEE IN #TRUST LAWSUIT
Here’s what Cindy sued the #trustee for:
- #conversion of #trust assets
- #breach of trust — which is a #trust lawsuit the same or similar to #breach of fiduciary duty by a #trustee
- #self-dealing — #trustees are prohibited from engaging in #conflicts of interest which benefit them
- #Fraud — perhaps the most serious of all #trust lawsuits against a trustee, #fraud suggests that someone is lying, concealing information, hiding information or not telling everything that is required to be disclosed
- #elder abuse — most states have a #probate law, or #state statute, which permits a #money lawsuit for damages if somebody #exploits a senior citizen, #steals from the elderly or a #vulnerable adult, or #exploits the elderly financially
#TRUST BENEFICIARY WANTS #TRUST INJUNCTION
Cindy first moved for a temporary restraining order and a preliminary injunction. She complained of Chris’ purported attempt to sell a family asset and #depleting trust assets. There were allegations that the #trustee took out loans against #trust property. Was there a reasonable explanation for all this? Was this a #money grab, an attempt to get #trust money to fuel a gambling addiction?
The court denied the motion for #temporary restraining order and #preliminary injunction . Like Florida, Nevada evidently has a strict four or five part test to obtain a #restraining order over trust money or to get an #injunction against a trustee. #Trust litigators and #estate litigators in Florida need to know what the standards are for this type of relief in a #probate court and whether you are likely to succeed or not.
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS ONLY
We help you with Florida estate and trust administration and trials, and #probate appeals.
Our #Florida probate law firm
- does not prepare estate plans
- does not draft wills and trusts
- does not steal your clients or your probates
Our #West Palm Beach, Florida #probate litigation firm :
- hands your clients back to you at the conclusion of the #Florida matter—after all, they are YOUR clients
- we try cases & handle appeals
- our practice is restricted to #Florida probate disputes & contested guardianships
- we work with you on #Florida estate administration, #Florida probate
- we litigate for and protect beneficiary rights
- we represent #Florida personal representatives or executors, and #Florida trustees
- we receive approximately 95% of our clients from other lawyers
- we take contingency fee cases
Who are we? Our firm is comprised of
- serious Florida litigators, with an outstanding reputation in our legal community
- focused probate lawyers,
- experienced paralegals and support staff.
We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida, www.pankauskilawfirm.com and has been featured on the CBS Evening News, in The Wall Street Journal, MarketWatch, NBC, ABC and Fox networks.