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Trust Advice
(Cannot depend on so-called professionals, Daily Star, 4-14-12)
Louisiana Disciplinary Board (composed of 14 members appointed by the Louisiana Supreme Court, 10 are attorneys), and the Office of Disciplinary Counsel have neglected to discipline a trust attorney who failed in his duties, according to revised Louisiana Rules of Professional Conduct (which were enacted 1-21-2004 and became effective 3-1-2004 by the Louisiana Supreme Court), and who took unwarranted money.
The Louisiana Supreme Court denied an appeal on two occasions. They held to Disciplinary Board's decision.
The beneficiary of a particular trust notified the trust attorney by registered letters and personal visits that the trustee was not giving her an accounting.
From that, the attorney should have realized that the trustee breached her duties in not following the trust codes. He should have done his duty and at least advised the trustee and notified the courts, but did nothing.
He did not even advise the beneficiary about the trustee's obligation to her and what she needed to do.
She eventually found that out after about a year or so with the help of friend, and found that the trustee had concealed her activity and misappropriated thousands of the trust funds left to beneficiary, which could have been stopped earlier if trust attorney would have done his duty.
The beneficiary and friend found that the trustee paid off one of her house mortgages, put a new roof on her house, renovated inside of her house, overly paid her family members and friends to cut beneficiary's grass, paid herself thousands to supposedly clean beneficiary's house, made out to herself thousands in checks, etc., all from the trust funds.
They did all the leg work, handed their documented findings (exhibits A-P) over to their attorneys and auditor, and won the trust case after years of heart ache, much research, difficulty and financial loss.
A district court ruled that the trustee owed the trust estate thousands of dollars. As of today, compensation has not been met.
[Update: As of August 2013, former Trustee's house has been seized and sold at a Sheriff Sale. After that, some of the same corrupt household robbed the beneficiary of thousands of dollars; and then on Resurrection night in 2014, two (one died in 2015) of them came back the second time at gun point to rob her and threatened to kill her if she called the police. This is one reason I believe Jesus Christ supports the Second Amendment.]
Although there was attorney-client confidentiality, relationship with the trustee, the trust attorney's duty should have turned to the beneficiary, because the trustee had breached her duties to the beneficiary, for whom the trust was made.
If the revised Louisiana Rules of Professional Conduct, which are applicable to this case, would have been enforced, they would have made more accountable the client (trustee) and trust attorney, protected the third-person/party beneficiary assets held in trust by trustee, and would have stopped a lot of expensive litigation.
I believe many attorneys, and even members of the Louisiana Disciplinary Board and Counsel, and Louisiana Supreme Court do not understand all the revised rules, mainly Rules 1.1 to 1.6, 2.1, 2.4, 3.3, and 4.1 (which need to be clarified and are in part similar to other states) in a case against a negligent attorney, who should have had some duties to the beneficiary and more obligation to the trust than to the trustee.
Nevada Supreme Court was in favor of a beneficiary in a similar case.
What adds to this unjust matter, the initial trust attorney resigned when trustee was summonsed to court.
Eventually, plaintiff (beneficiary) found that the resigned trust attorney took extra thousands. Like trustee, he (and his legal secretary, who was his wife) never gave an accounting on it.
Even more, defendant (trustee) chose another attorney who sought to extort money from the trust. He wanted plaintiff to agree with defendant's terms, one was to pay his fees, before trustee would resign.
A top law official helped them (beneficiary and friend) to see the extortion. But the Disciplinary Board did not see [or admit to] the dishonesty of this attorney either.
The Lord said, "...Wherefore by their fruits ye shall know them"
(Mat 7:15-20 KJV). The trustee bore some bitter fruit. The case against a negligent attorney who took unwarranted money is now up to the Lord.
[Update: To top it off, beneficiary's first lawyer showed signs of corruption. He wanted to let the corrupt trustee walk with no punishment or recourse. He went to see beneficiary without friend when he was told not to.
He wanted to take over cutting beneficiary's grass instead of friend, who was paying lawyer's fees, writing up exhibits and documents for lawyer, corresponding with and visiting beneficiary, financially supporting her and taking
care of other needs. We found an honorable lawyer who helped the judge see the truth about trustee. Finally found substantial newspaper article evidence about her corrupt first lawyer, when he was sentenced because shrewdly
through corrupt lawyers tactics possible stole $266,000 plus from elderly individuals and exploiting the infirmed.]
Plaintiff and friend's advice to any who would want to put their assets in a trust. Find a family member or friend, who you know and trust, which holds true for choice of trustee and co-trustee, and make them your Trust Protector. Bond your trustee if necessary.
Trust Protector can watch beneficiary's assets and fire a trustee, if need be. Today, you cannot always trust and depend on the so-called professionals or the system.
Be careful when choosing a lawyer. Some lawyers can be like the Pharisees and lawyers Jesus confronted
(Mat 15:1-9; 22:34-40; Luke 7:29-30; 10:25-26; 11:44-46, 52).
Their big brothers, the U.S. Legislatures, who are supposed to be our servants, can pass laws and exempt themselves from the same laws, like the democrats and liberals did with the unconstitutional mandated ObamaCare, which was rejected by majority of "We the People."
Hopefully the Mandate will be struck down [if only in part] by majority of the U.S. Supreme Court, and hinder America's plunge into socialism.
Ask yourself, can I always trust the advice from lawmakers who could make life and death decisions for me?
When receiving advice from a lawyer, you might want to get a second opinion.
[More advice. In my estimation from what I have learned over the years and from reading some of Paul A. Rabalais book, I believe a revocable living trust (lawyers will not recommend this good advice) should be used, and perhaps drawn up by a skilled notary public, to avoid successions, courts and their costs.
This is just a fleeting thought for the well educated, financial and legal minds. If possible consolidate all necessary insurances, which include car, life, health, etc., into one policy, fund or trust, which could be for an individual or a group. Owner(s) adds money to it monthly like any other insurance, and invest part of it.
Many are paying the high insurance premiums, and the out-of-pocket expenses for injuries, accidents and health problems before the high deductibles are even met. Be more responsible with your investment, and also with your health and life, like that which I have mentioned in other news letters, and avoid doing stupid and unwise things. By doing so, there will be more money to manage and use in the future, and leave to beneficiaries.]
— Al, Natalbany, LA
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