Breach of Fiduciary Duty

A Trustee who is not acting impartially or using reasonable judgement, or who is willfully ignoring the law, such as self-dealing (stealing, modifying terms, wasting money or otherwise acting inappropriately) may be sued for breach of fiduciary duty.

Let me just offer one example of Elizabeth Adler's breach of her fiduciary duties.  Prior to my Grandmother's death, Adler should have been looking after my Grandmother's best interests.  Documented, factual information proves otherwise.

After my Grandmother's death, her sole responsibility as trustee is to the beneficiaries of the trust.  Yet, she continues to file motions and petitions after Catherine DeMartini's death.  How is this benefiting the beneficiaries?  The only benefit is to Adler and her attorneys, Siracusa and McCaffrey!

Think about it!

Her actions are resulting only in additional legal fees.  Instead of just doing her job as a PROFESSIONAL TRUSTEE, she continues to run up the tab for no reason.  She and her attorneys are trying to bleed the trust dry!

Unfortunately, there are Elizabeth Adler's all over the United States who are guilty of breaching their fiduciary duties.

Betsy the Trustee Cash Cow

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07/08/11
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Betsy the Probate Cash Cow

Ode to Lizzy Adler...

Lizzy Adler took an axe,
Gave her client forty whacks.

When she saw what she had done,
Gave the family forty one!

Stole their homes and money, too,
Poor conservatee didn't have a clue.

She's driven by greed that’s a fact,
The devil and Lizzy made a pact?
  
This fiduciary’s reign must come to an end,
Because Lizzy Adler's no one’s friend."



Betsy the Probate Cash Cow



Trustee Duties

A Trustee has the Duty to Enforce or Defend Claims.  A professional Trustee has a higher standard of care....being professional and all!

The trustee has a general duty to take reasonable steps to enforce claims of the trust.  The trustee does not have to enforce every claim.  The standard is whether a prudent trustee would take steps to enforce a claim in such circumstances. 

 The trustee must consider...

1.  The costs of enforcing the claim.
2.  The chance of success.
3.  The likelihood of collecting a judgment.

Now, let's take a look at Elizabeth Adler's decision to file a claim against me.  Elizabeth Adler is the court appointed Trustee of my Grandmother's Trust.

Facts...The claim brought against me by Ms. Adler in December of 2009 had been settled during court ordered mediation on October 19, 2009; and Ms. Adler and her attorney, Mr. Siracusa, were both attendees and parties to that settlement agreement.

Ms. Adler's December 2009 claim against me (the same claim that was settled in mediation) has generated $400,000 in legal fees for her and her attorneys since December of 2009.

So...

1.  Did Ms. Adler consider the costs of enforcing the claim?  I think it is safe to say that, yes, she did consider the costs of enforcing the claim and saw it as a cash cow for her and her attorneys.  $400,000 so far in legal fees to enforce the claim!  Priceless!

2.  Did Ms. Adler consider the chance of success?  My guess is NO, NO and NO.   As I told Ms. Adler during our first meeting in July of 2009, I used my own money to do the renovations on my Grandmother's house.  Any amounts paid to me from the Trust were reimbursements for my expenditures.

3.  Did Ms. Alder consider the likelihood of collecting a judgment?  Again, my guess is NO.  Ms. Adler's motive was to collect fees for her and her attorneys.  Collecting a judgment never entered her mind.  Besides, as she knows, the money paid to me was for reimbursements for the money I spent renovating my Grandmother's house.  There will be no judgment, and I am looking forward to the trial to prove my innocence.

In summary, Ms. Adler, Trustee, failed miserably in her Duty to Enforce or Defend Claims as Trustee of the Catherine R. DeMartini Trust and should be removed as Trustee by the Court.

Elizabeth Adler's actions are based out of PURE GREED.  She did not care about my Grandmother's well being (which will be addressed in another blog) nor that of the Trust beneficiaries.  Her sole motivation was to line her pockets as well as those of her attorney!  She and her attorney are expecting to collect $400,000 of Paul, Lori and Tom DeMartini's inheritance!  Amazing!

Liz blatantly breached her duties as a trustee.  It is heartbreaking to know that she does this to families day after day and then arrogantly excuses her behavior as "just doing my job."  Wonder if Liz has ever considered what her KARMA is going to be....

Betsy the Probate Cash Cow

Documents Filed with the Court

When a document is filed with the court, a stamp is applied on the right hand corner of the page.  It looks something like this...

How does a document get into a file without the stamp?  Well, according to the Superior Court clerks in San Francisco.  It doesn't....