Legal Question in Wills and Trusts in California

Can Fraud /gross negligence of family trust criminal charge

Mother died 3 months ago. Older brother was made power of attorney and conservator for family estate. Second son long standing history drug abuse, felonies, etc. Lived with my mother off/on last 2 years (when not in prison). While my mother was alive (father died 2 years ago) chronic pain, denied depressin, drug addiction pain meds (long history). Second son forged checks (before and after death...$250,000.00...sold everything..the basic. Co-dependnt relationship...lonely. Admitted to pschye ward 1x/twice. Older brother never took any action before (or after mothers death)...Has not even looked at instructions...I've tried...live a distance...asked...older brother fully aware...I spent a week with him...second brother even wrote conservator (older brother) a forged check for funeral(think its more dont want to deal with it....) fraud, small law suit served to mother estate yesterday..Second brother in prison for parole violation (not related). Suggestions? Can older brother be charged? Taxes? Gross negligence.Should or must I report this? (of couse no realtionship in future if I do) Help me find answers


Asked on 10/19/03, 9:09 am

4 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Can Fraud /gross negligence of family trust criminal charge

you should immediatly contact an attorney who does estate work in the county in which your mother lived. i am not sure if a probate was started and the power of attorney and conservatorship ends upon the death of your mother ---- get the attorney yesterday --- i am in the san franciso bay area and if you wish to consult with me call 925-945-6000.

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Answered on 10/19/03, 10:48 am
Scott Schomer Schomer Law Group

Re: Can Fraud /gross negligence of family trust criminal charge

This sounds like a major mess. You probably need to file a probate and proceed against the brothers, if there is anything left. Consult an attorney as soon as possible.

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Answered on 10/20/03, 3:29 pm
Siamak Pishvaee Pishvaee & Bavar

Re: Can Fraud /gross negligence of family trust criminal charge

You need to contact a lawyer. Who was the executor. Was there a will. Was an executor named. Was this a small estate. Did it have to be admin. If the value of the estate is relatively high please contact an attorney.

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Answered on 10/19/03, 3:31 pm
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: Can Fraud /gross negligence of family trust criminal charge

You should also contact the Sheriff's/Police Department where your mother lived and the State Parole Office. It sounds like the older brother is guilty as a co-conspirator/accomplice and at the very least the younger brother violated parole.

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Answered on 10/25/03, 10:38 am


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