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Thread: Lawyers...How To?

  1. #1
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    Default Lawyers...How To?

    New issue.

    Okay so when my father's father died he left $90,000 for me and $90,000 for my sister, we're supposed to get it when we turn thirty. Apparently the money is in the trust(?) of my 3 great uncles, my mother has been going back and forth trying to get the money released to us now and she is worried that the money isn't there anymore. She is telling me that I need to get a lawyer to handle it.


    [email protected]#^@%#$^%&**&^%$#@ I don't know crap about this kind of stuff, I don't know how much a lawyer is gonna cost me, how to find one, what kind I'd need, and what to even tell them. And I'm wondering if the fact that all of this 'trust stuff' is in NJ and I'm in NJ will complicate things. Can a Californian lawyer even help me?

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    Default Re: Lawyers...How To?

    The American Bar Association might be able to help you.

    http://www.abanet.org/legalservices/lris/directory/

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    Default Re: Lawyers...How To?

    But how do I pick one and what do I tell them? What 'category' is my issue under?

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    Default Re: Lawyers...How To?

    You should just call one of their offices near you and explain your situation, and they will recommend a lawyer or lawyers that handle that type of case. You can also call an office in New Jersey if you think its necessary to get a lawyer there.

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    Default Re: Lawyers...How To?

    They had an option on the site where you could send in a request for a referral. So I did that, explaining my issue in it.

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    Default Re: Lawyers...How To?

    Good Luck!

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    Default Re: Lawyers...How To?

    obviously your mother knows of the existance of this trust ... as well as who the trustees are. From a legal standpoint the issues are likely to be ...

    - tracking down the trust documents ( they're filed somewhere ... NJ ? )
    - verifying the 'conditions' of the trust in regard to how much money, when it can be released etc.
    - verifying that the trust money is still in 'escrow'
    - confronting the trustees

    The best case scenario would probably be that, once contacted by your attorney, the trustees agree to work with you

    The worst case scenario would probably be that the trustees have already managed to mis-appropriate the trust fund money to themselves, that in fact the money has already been spent, that the trustees themselves owe more than they are worth, etc. This could lead to a decision on your part whether to force a bankruptcy and 'stand in line' with the trustees other creditors ( mortgage loans, car loans, credit card companies etc.) in hopes of collecting some small percentage of the money you are owed, or bringing a lawsuit in hopes of jumping to the 'front of the line'.

    I'll be blunt. We're not talking about a million dollars here. So early on, something you're going to have to decide is how much money you're willing to spend up front on attorney's fees, and how determined you are to pursue receiving ( some portion of ) this supposed $90,000 trust fund. Obviously, pursuing a lawsuit against your uncles is going to cost thousands of dollars ( if not tens of thousands given that it will probably involve multiple trips for multiple appearances by you in NJ courts ) ... and is also likely to result in other family members 'hating you' for causing so much 'trouble' for other family members, who might ultimately wind up facing not only your civil lawsuit but also criminal embezzlement charges !

    It's important to keep an old street legal adage in mind in such situations ... 'you can't get blood out of a stone ... but you can spend a lot of money trying !' An even older term might actually apply - Phyrric Victory ! Before committing to spend thousands on attorney's fees and stirring up a family hornet's nest, would it be possible for you to simply call or visit these uncles and find out what the hell is really going on ? Keep in mind that all you really have to go on at this point are zero facts and your mother's 'suspicions' !!!

    The other option of course is to simply acknowledge what your mother has told you but don't act on it, wait until you reach age 30 as called for in the trust, and THEN come down on your uncles like a ton of bricks if they don't deliver the trust fund money. Right now, if the age 30 condition of the trust is true, the uncles have no real legal obligation to deliver ... and no real legal obligation to prove that the trust fund money is safely stashed somewhere either. Remember 'presumed innocent until proven guilty' ?

    If the trust fund money is already 'gone', waiting until you are age 30 and legally entitled to the money will place the onus on your uncles to deliver ... or officially explain why they are unable to deliver ... with no extraordinary legal action on your part. But pursuing the matter now before you are legally entitled to the money places the onus on you ( and your attorney, and your attorney's private investigator ) to do all of the investigating in an attempt to make a case for wrongdoing on the part of your uncles that would provide grounds for a civil lawsuit. In both cases it's possible that the money is already gone. In the first case it doesn't cost YOU any time or money to find out. But in the second case it may cost you thousands or tens of thousands in attorney fees to find out. And in both cases if the trust fund money is gone you won't be any closer to actually getting blood out of a stone.

    If you DO choose to pursue this matter now, and your sister is similarly involved, it would also make a lot of sense for both of you to 'join forces' and engage the same attorney / private investigator !!!

    ~
    Last edited by Melonie; 05-28-2010 at 03:33 AM.

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    Default Re: Lawyers...How To?

    I had a very similar situation when my dad passed away also. I would find some go to the probate court where your dad lived and they should have all his will documents if he left a post death living trust. I would start there before hiring an attorney. In those documents it should state how the moeny is to be held. Most of the time if people leave money behind for descendents they spell it out how it should be held so that the money is safe for the intended person. Best of luck think positive your father was nice enough to leave you some money. My dad did the same thing and I get a little bit every year and it's the best gift I get as a reminder of hime each year.

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    Default Re: Lawyers...How To?

    Melonie you're right. Honestly $90,000 is not a lot of money. Everyone keeps telling me it is and it is definitely a nice chunk of change to have do not get me wrong, but it is hardly an amount that is going to change my life. Which is why I was never more aggressive with getting my hands on it early. That has been my mother's project.

    My father said he was willing to drive me to my uncles' houses and talk to them about it(I don't know these guys!) but really I'd just ask them if it's still there, what the official deal is, if I thought they could release it to me now I might try to do that just so this crap is over with, because honestly once I've moved my father out here I don't ever see myself going to NJ again if I can help it. My father also said that he suspects that the interest on the trust(or whatever) is what my uncles may be fighting over. Who the fuck knows, I surely don't.

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    Default Re: Lawyers...How To?

    My father said he was willing to drive me to my uncles' houses and talk to them about it(I don't know these guys!) but really I'd just ask them if it's still there, what the official deal is
    There you go ! Cheap and easy answer !

    Also, if you're going to wind up being the family member closest to your father, it's a very good idea to establish contact on your own with remaining family members in NJ. After all, sooner or later, your dad isn't going to be around anymore and it will be YOU who will be responsible for dealing with that re the rest of the family.

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    Default Re: Lawyers...How To?

    ^^^Good point. I never thought about that.

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    Default Re: Lawyers...How To?

    Quote Originally Posted by Zinaida View Post
    Melonie you're right. Honestly $90,000 is not a lot of money. Everyone keeps telling me it is and it is definitely a nice chunk of change to have do not get me wrong, but it is hardly an amount that is going to change my life. Which is why I was never more aggressive with getting my hands on it early. That has been my mother's project.

    My father said he was willing to drive me to my uncles' houses and talk to them about it(I don't know these guys!) but really I'd just ask them if it's still there, what the official deal is, if I thought they could release it to me now I might try to do that just so this crap is over with, because honestly once I've moved my father out here I don't ever see myself going to NJ again if I can help it. My father also said that he suspects that the interest on the trust(or whatever) is what my uncles may be fighting over. Who the fuck knows, I surely don't.
    It's actually $180,000, between you and your sister, if I remember correctly. If there are any expenses in getting the money, maybe your sister will split the costs. Hopefully just going out to talk to them with your father will resolve everything.

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    Default Re: Lawyers...How To?

    ^^^Yeah and my sister's 90k really isn't going to change my life.

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    Default Re: Lawyers...How To?

    I know. I was just pointing out that maybe she would be willing to help with any expenses or effort in recovering the money.

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    Default Re: Lawyers...How To?

    I don't know if you are thirty yet. If you are, go to your great uncles with a copy of your birth certificate and your drivers license. Politely give them the copies and ask for a distribution. If they decline, ask to see the documents including the records of the trust accounts. If they don't give you the money go to an estate planning lawyer.

    If you are under 30, you might want to talk to an estate planning lawyer first. But, in most states the beneficiary of a trust has the right to periodic accountings for the trust's activities. You may have to ask in writing. If the trustees fail to make an accounting, or cannot, it's time to go to court.

    Hopefully, the trustees have been cautiously investing the money on your behalf and will give you all the records you want to see and give you the money on time.

    HTH
    Z

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    Default Re: Lawyers...How To?

    Your issue is wills and estates. Find a specialist in that. It also fits under equity and trusts, but many trusts are testimentary.

    My off-the-cuff view (and bear in mind that I'm fresh out of law school in Australia, so I'm not sure how helpful my opinion will be) is that I'm not sure you can get the money early as your interest in the trust has not yet vested. However, you can get your uncles replaced as trustees if you can prove breach of duty.

    Oh, and with respect to costs and the possibility of a pyrrhic victory, I agree with Melonie. Often in litigation the only real winners are the lawyers. It's worth going to court when very large amounts of money are at stake, but when it comes to smaller amounts, much of it can be eaten up in legal fees leaving you with very little at the end of the day. If the trustees aren't well off themselves, you might not be able to get much, if anything, back from them, even if the court does find that they misappropriated trust funds. Sure, you could apply for a notice of bankruptcy, but that would only put you in the pool of unsecured creditors and you might be lucky to get just a few cents in the dollar depending on the size of that pool. If you can solve the matter informally or negotiate a settlement via your solicitors, so much the better. If it goes to court, you've probably already lost most of that money, I'm sorry to have to say.
    Last edited by flickad; 06-04-2010 at 03:37 AM.

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    Default Re: Lawyers...How To?

    The trustees likely were allowed into their position by the probate court in the county where the documents were drawn up. It might be a simple matter to have an estate lawyer present your case to the court if your uncles are non-responsive.

    Do you have any idea why they have ignored your situation so far? If they have misappropriated your funds or they ignore your validated wishes, they are likely to wind up in jail. This Fact might make them more responsive.

    Looks like you're going to have to make a trip to NJ.
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