California Probate Code
"16003. If a trust has two or more beneficiaries, the trustee has a
duty to deal impartially with them and shall act impartially in
investing and managing the trust property, taking into account any
differing interests of the beneficiaries."
Here are just some examples of how the Trustee of the Catherine R. DeMartini Trust has failed in her duty to deal impartially with the beneficiaries.
To date, Elizabeth Adler's retaliatory actions have generated over $400,000 in professional fees for Ms. Adler and her attorneys. She has never met with Paul DeMartini who is the major beneficiary with 50% interest. She has not spoken with Paul in nearly two years and just last week she had Paul DeMartini's attorney disqualified.
Even though Catherine DeMartini wanted Paul DeMartini to have the family home, Elizabeth Adler has wasted thousands and thousands of dollars attempting to sell it. How is that in Paul's best interest? The house has been vacant for nearly a year and Ms. Adler had the duty to make the Trust profitable yet she never rented the house. She could have found a month to month renter and gotten at the very least $2500 per month....$25,000 to the Trust!
Ms. Adler befriended Kristine Wright and shared confidential trust information with a third party. At my attorney's request, Ms. Adler produced over 40 emails between her and Ms. Wright over a two month period. Ms. Wright is NOT a beneficiary. She is not a family member. She is a convicted felon. However, she is Tom DeMartini's girlfriend, and therefore, once again Ms. Adler has failed to treat the beneficiaries impartially.
She filed a bogus 850 petition against Lori DeMartini after the case was settled in court ordered mediation in October 2009...almost two years ago!
Elizabeth Adler has blatantly favored one beneficiary over the other two over and over again.
I could provide dozens more examples of Ms. Adler's failures as Trustee. Suffice it to say, she has regularly violated California Probate Code and San Francisco Superior Court Rules of the Court. In fact, she has broken all the rules and laws and is oh so happy with herself. "It's my job."
Keep in mind this Trustee is a PROFESSIONAL fiduciary, and therefore, has a higher standard of care. It would be interesting to learn what others think of Ms. Adler's performance as Trustee. I know my opinion may be a little jaded.
________________________________________________________________________________
Mirror, mirror on the wall, Who is the evilest of them all?
Elizabeth Adler...
When you look in the mirror,
who do you see?
