How do you get and atty that some one has had write a trust on your life, but will not give you a copy of same. I know state lawin NC, but i have two such cases, and it is drving me up the wall,
I haev ask this to sevearl attys and they all reject my request for fraud. or contol of my life, is all this done, It was done by mybrothers, one who was in bakrupt and ask me not to contest my mother, will, but when all over i found out this week, His wife, got 131 lots, and gave to her children, MY other brother a dr in charlotte, got 233 acrea of fram land with house and other assett, I got, 3 acreas, and 20,000.00 Not right, and yes i upset as they destryed my family, ny child does not talk to me in ten years, as she is on one trust, and, the other has a friend on it, Yes my brother, took every thing from me, and left me with out food, water, heat or lights, yes frieds feed me, ect, but wheni got cold i called, the one in s charotee who, ask DO you hVE ANY ONE THAT WILL DO A TRUST, I TOLD HIM YES, AND THE ENXT MORNIGNHE WAS AT HER HOME WITH IT AND PUT IN HER MAIL BOX. yES THEY SENT ME TO BROUGHT WFOR WRITNNG,AND ASKIN THEM EVER WEEK, And up there they were told, NO lady should live as i have and had to do, disgusting, i came home then, Yes my motehr belived a hitelr did, that you wipe out the ingorant ect and you have apure socity, i belive we were given life and we are to help one another, Yes mt the attybrothe told my daughter not to help me. I called this stanism, Yes an elder in the churc h, so you see, that my mother teaching were not normal parenting, and i was the victim of her hate, Yes, My gradfanter gave us all we had but my house that they took put in her name, during the bank rput, and gave to my children on thier way out, a givein ne alife time right, am i mad, Yes, am i uupset yes, as i had a buiness three steps from opeing before i called my dughter and founf out, the atty ahd called her and told her not to help me, I called him and for this, i was sent to the mental ward, am i righ t to be mad, and upset, How do i find out what is in these trsut, / all iam asking for,my motehr eventold me before she died that iwas not educated enought to go to the church where i had gone since 1958, and rised my children ther, but that was y motehr, who did not have funds to educate me but had it for her sons, i educated my faughter aand m son went to the army to get his, and both are doing finnd but i dod not know my grand children, due to these two selfsh men, i no dumb bunny, but again at 65 your work limit of some hiring you is samll and it was best for me to do an business, and kepep inmind all was paid for but the car use to tranport patience to appoinments nd the rent, I had ask dugher for laon ofon the trust she had, top pay for worker compensition, adds in th epapers, theni would have been on my way, ayes i was working in home hleat cAre at the time, but again, i had permission to add thisis southen catawba county with no fear of, being dismissed, Yes, i had cover all the bases but not the one mother did not cover in her teaching of her sons, Keep you nose out of betty Gail business,Yes one got 131 lots after going in to bank rupt, in 1987 an and comin gout in 1994 , and have this much left over, no way, some thing isnot right, and the dr, he got 233 acreas, plus house and all out building, i got 3 acrea nd 20,000.00 upset yes hurt yes, alone yes, go to chrcu no, Motehr said not too and any time i di any ting, she not too i gota beating witha laeater belt, i know this is noow phylogical, but again, it is there. my c son lives in Co, and doing find i talk with him every week, by phone, Yes the lawyer ihave here in town i ask him 7 years ago, and he never pursured and i ask him agin yesterday, ohope that he does no do as he did belfor na just hold on to the check, I saw this nd thorugh ti tell you, I wll say when i was sent to stat mental facilty by DR brotehr, the atty that repesented me tehr told me, to go to the atty general of the state and also go the adjuanr genral, as hatty brale was a retire co in the army, it said inhis obutiary, inever knew it,
02/02/2010 |
Category: Trusts |
State: North Carolina |
#20756
A trust is a private document and beneficiaries don't have a right to demand a copy. However, a copy may be required to be produced as part of a legal action in a claim against a trustee, such as a demand for an accounting. Trustees are "fiduciaries," which means that the trustee must act with the highest degree of good faith in behalf of the estate. The trustee must keep his money separate from the estate's; keep detailed records concerning all transactions he engages in on the estate's behalf; not stand to profit by any transaction where the trustee represents the estate's interests; and not make a gift or otherwise transfer any of the estate's money, personal property, or real estate to himself unless the will or court order explicitly states he can do so.
Various remedies may be available if a fiduciary duty was breached. Common actions for an abuse of a fiduciary duty, among others, include a petition for an accounting, claim of breach of fiduciary duty, theft, conversion, or a fraud charge.
Fiduciaries owe two main duties to their clients: a duty of loyalty and a duty of care. The duty of loyalty requires that fiduciaries act solely in the interest of their clients, rather than in their own interest. Thus fiduciaries must not derive any direct or indirect profit from their position, and must avoid potential conflicts of interest. The duty of care requires that fiduciaries perform their functions with a high level of competence and thoroughness, in accordance with industry standards.
The elements of a cause of action for breach of fiduciary duty are:
(1) Plaintiff and Defendant share a relationship whereby:
(a) Plaintiff reposes trust and confidence in Defendant, and
(b) Defendant undertakes such trust and assumes a duty to advise, counsel and/or
protect Plaintiff;
(2) Defendant breaches its duties to Plaintiff; and
(3) Plaintiff suffers damages.
The elements of a claim for breach of fiduciary duty are not fixed as the claim may arise from virtually any case where one party accepts the trust and assumes the duty to protect a weaker party.
Affirmative defenses to a claim for breach of fiduciary duty can include, but are not limited to:
(1) The passing of the statute of limitations for filing the claim.
(2) Lack of fiduciary relationship (for example, when the parties did not enter a fiduciary relationship, but rather conducted business in an arm’s length transaction there is no duty to protect the other party or disclose facts which the other party could have discovered by its own diligence.)
(3)Lack of standing
(4) Approval (for example, if the alleged actions followed full disclosure to and the consent of the Plaintiff)
(5) Business judgment rule (ex. that the corporate fiduciary's actions were motivated by a bona fide interest in the well being of the corporation where shareholders are the ones owed the fiduciary duty)
(6) Due diligence was exercised
Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.