San Francisco

San Francisco

Friday, March 4, 2011

Question: Will a Trust Protect You From Conservatorship?
Answer:  Abosolutely Not!

My Advice to You:  TRUST NO ONE!
                                                                                                                        
My Grandmother created her Trust in 1992 and believed that by doing so she was protecting her loved ones as well as her estate. 

Based on my recent experience, I have learned that a properly constructed estate plan can go a long way in honoring the trustee’s wishes as well as protecting the estate and trust beneficiaries.  Unfortunately, it is not fail safe.

What my Grandmother did not know and what I have painfully discovered is that there are ways to undermine even the best of trust documents.  What I have also learned is that trusts are NOT confidential!

I used to say “that would never happen in my family” but it did.  The last 18 months have been the most painful period of my life.  The brother that I thought was the one person I could trust turned out to be someone I never knew.  Money is definitely the root of all evil.

The following represents just one way a person can undermine an estate plan:

My Grandmother was diagnosed with Alzheimer’s dementia several years ago.  As I stated previously, she had created her Trust in 1992 and had not made any changes to the document.  In 2007 (well after the onset of dementia), she was approached by my Aunt’s estate planning attorney who convinced her that she needed to make changes to her trust in order to reflect current probate code.

This attorney completely changed the intent of my Grandmother’s original trust and even went so far as to make himself the sole trustee, executor and attorney at will.  I discovered his inappropriate, unprofessional behavior when my Grandmother asked me to review the “Amendment” to her estate plan.  The two of us went to his office and confronted him and he supposedly made the Amendment mirror the original trust document except for some minor changes.

It was during this time that I also learned a few things about this attorney.  He not only provides legal services to elderly widows (mostly Italian women whose husbands were either Golden Gate or Sunset scavengers) but he is also a real estate broker, real estate agent, CPA and notary public.  One stop shopping!  This guy does it all!!  I believe that this pathetic excuse for a human being has stolen millions of dollars from the estates of his elderly, unknowing clients. 

Well, not only did this attorney lie to my Grandmother about changing the Amendment to “mirror” her original Trust, he also met with my brother and his sociopath girlfriend and changed my Grandmother’s trust so that brother received everything from the estate except $5000 per year that he was obligated to give my Uncle.  Under my brother’s plan, I received nothing.  He even went to City Hall and altered the deed of trust so that he would own my Grandmother’s house when she passed.  It was ALWAYS my Grandmother’s intention for my Uncle Paul to have the house!

My brother then proceeded to file a legal action against me on July 2, 2009 (my Father’s birthday) that was based on lies, forgeries and fraud.  Since then I have been fighting for my Grandmother, my Uncle, my children, my nephews and myself.

In closing, I have documentation and proof to support EVERY statement that I make in this blog.