I have a brother who knew that our father changed his trust before he passed away. He was notified by the original drafting attorney, taking my brother off as sole successor trustee, and making all four of us co-trustees, and giving me a life estate. My brother, also two months before my dad passed away, went to an attorney and paid him $450 to figure out he could invalidate the amendments to the trust, that was notarized with a thumbprint and a valid driver’s license, along with a letter saying my father had made changes. He had them certified and hand delivered to the attorney to put in the file, and then put a copy in his safety deposit box trust.
My brother went to the bank two hours before our appointment, where he concealed the amendment and re-appointed himself sole successor, then gained access to the safety deposit box and took the trust out of our name and put in his own name, committing conversion, stealing all contents, deeds and cash. He did the same at stock firm, concealing the amendment. signing as sole successor, taking 100 percent financial control of the trust. Then he went down to the county recorder and put his name on the title of the home, then six months later filed a lawsuit in probate court for the validity of the amendments.
In his opening statement, he says he found out about the amendments one month before his father died. This is not true. He knew a year ago. He was notified by letter. He also went to the attorneys two months before his dad died to find out how he could invalidate the amendments, then told the court I have control of the largest asset -- the home where I have lived 35 years with my father, and where I was living at the time.
He lied again to the court since he already stole the trust and the deed to the home and put only his name on the deed, and had gained control of the stocks, but he lied and says I do. Then he got the court to believe he was the landlord and evicted me from my home illegally by a lock out by the sheriff. He put the whole contents of the home into a storage facility in 19 vaults.
My question is, when my father died, the amendment was valid and my life estate would go into effect at the moment my father passed away, and I would be protected against this type of wrongdoing attacking the life estate and not giving me my life estate, not distributing any of my inheritance, keeping it all for himself and dragging me through probate court and stealing my home that he stole with a fraudulent title and sold two weeks ago. Is it not true he cannot disturb my quiet enjoyment of the home I live in and sell my home with a fraudulent title? He also signed my name to release my interest over to him. I never have signed anything. How do I present these facts to the judge? I have a sworn deposition of him confessing all that he did, and bank documents signed and dated, of when he made himself sole successor. He also told the courts he was only a beneficiary. He lied again. He took the position of sole successor to gain financial control of the trust so he could drag me into probate court and since I am a disabled dependent adult on a fixed income, and without my inheritance, knew I could not afford representation in court and I would not have a chance with his attorney. I have been paupered because of that reason, and they have been trying to financially ruin me, and make me do court orders that I cannot preform.
They have been beating me up by the use of the system, but have committed fraud in writing. His attorney has even made up a person, used her to serve a lawsuit on me, and told the judge that this person lived with me for one year rent free, and used it in writing in her declaration under perjury signed by her, and got the judge to rule in her favor making me post an $85,000 bond, and has made me homeless because of this. I am going ex-parte this week but would like to know how I can present this to the judge so he does something about this fraud and theft of my life.