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Posted Jan 27th, 2012
I discovered that my Aunt may be embezzling from an estate several family members co-own. What kind
of lawyer should we hire? (Funds restricted)

Additional Details:
My aunt, uncle, and my sister and I co-own an apartment my grandmother once owned. We believe she
has taken our names off of legal documents pertaining to the apartment complex, has taken out loans,
and is embezzling money. We have not received a single financial report for almost nine years and
haven''t heard about the complex for six. What not-for-profit lawyers are out there? I am a
college student and my sister is unemployed. Any suggestions?
Legal Topic Area: Trusts and Estates in CA | 2 Answers

1st Answer

Were you ever named on a deed to the property? Or was this an asset of a trust or estate that was never deeded top the beneficiaries? If your aunt is the trustee of a trust, or the executrix or administratrix of your grandmother's estate, you may wish to consider engaging an attorney who does probate litigation. If your names were on a deed that was recorded, I don't see how your names could be "taken off" without your consent. Nevertheless, an attorney who handles real estate litigation would be best suited to that sort of action. You'll find a number of attorneys who do both real estate litigation and probate litigation.


Answered on Jan 28th, 2012 at 12:29pm


Other Answers

There are non-profit legal services providers that represent people of limited means, however, they may not offer legal services in this area of the law. Also, if you are a legal or beneficial owner of this apartment complex, the value of your ownership interest could disqualify you from receiving free legal services. I would recommend that you consult with a Certified Specialist in Estate Planning, Probate and Trust Law. You can find such specialists listed on the California State Bar web site. A Certified Specialist who handles trust litigation matters may consult with you for a limited fee which would include reviewing any trust, estate, or other relevant documents you have, determining how the property is currently titled, determining the value of the property and the value of your interest in the property, determining what your rights are with respect to the property and against your aunt, and outlining a recommended course of action, including litigation if necessary to recover your interest in the property and any back rents owed to you. Then if you decide to proceed with litigation, it may be possible to borrow against your interest in the property to fund the legal action, or to enter into an agreement with your attorney to pay his fees after he has recovered your interest in the property and/or any back rents owed to you. Payment of his fees would come out of the recovery and would likely be secured by a lien on your interest in the apartments.


Answered on Feb 12th, 2012 at 6:29pm