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The Guide to Family Trust Embezzlement and Stealing - YouTube
Channel: RMO Lawyers
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family trust embezzlement and stealing
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is more common than you might think at
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our mo lawyers we investigate prosecute
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and defend these claims every day
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embezzlement is a form of theft and it
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is a crime in the case of family trust
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embezzlement refers to misappropriation
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of funds belonging to the trust or to
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the decedent that shouldn't belong to
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the trust but were stolen before they
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passed the trust litigation attorney
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handles the civil litigation or monetary
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relief aspect of an embezzlement case
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not the criminal side any beneficiary or
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trustee may choose to only prosecute an
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embezzlement claim in civil court
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without asking for criminal charges to
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be filed importantly you cannot threaten
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to have someone charged criminally to
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gain an advantage in your civil case
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that will only expose you to potential
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criminal liability for yourself a
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trustee is the individual or entity
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charged with managing a trust it is the
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trustees duty to make responsible
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decisions with the trust fund assets a
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trustee typically cannot take any funds
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from the trust for him/her or itself
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although they may receive a stipend in
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the form of a trustee fee for the time
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and efforts they put in to managing the
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trust if trusts beneficiaries feel that
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the trustee is stealing funds they
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should ask the trustee to account to
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provide a report on what they've done
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with the trust assets if through that
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accounting or otherwise beneficiaries
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learn that a trustee stole money they
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can charge the trustee with having
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breached their fiduciary duty and have
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them removed and surcharged ordered to
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pay back the money they took the
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beneficiaries goal here is to recover
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the funds for the trust and if
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successful the trustee or beneficiary
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may be allowed to recover his/her or its
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attorneys fees and costs
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to prove that a trustee is stealing from
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a family trust we would typically look
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for evidence that the trustee made
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transactions or payments that benefited
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him but did not benefit the trust
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beneficiaries the most common
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misappropriations we see our loans to
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the trustee or other friends personal
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property that suddenly goes missing and
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overcharging for legitimate services
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that simply don't cost as much as what
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the trustee is charging the trust
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criminal misappropriation of property is
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a charge associated with a criminal
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court case it is not part of the civil
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case proceedings in our experience while
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most beneficiaries are frustrated with
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thieving trustees and family members and
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want the wrongs righted the vast
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majority do not wish to see the trustee
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or wrongdoer incarcerated or prosecuted
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a breach of trust most commonly refers
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to a trustees breach of his or her
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fiduciary duty a trustee is required to
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act prudently and consistently with what
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a reasonable trustee would do in a
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similar circumstance trustees cannot
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play favorites they cannot act in a
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manner that does not benefit the trusts
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beneficiaries in essence a trustee has a
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fiduciary duty to put the trust
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beneficiary's interests first and when
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they do not they most likely will have
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breached their fiduciary duty the moment
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you suspect a breach of trust
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embezzlement or a trustee stealing from
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a trust it's time to contact a trust
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litigation attorney many trust lawyers
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will offer a free consult and many won't
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charge you a thing unless you obtain a
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settlement or successful at trial
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choosing the right trust litigation
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attorney is important here are three
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things to look for one look for a trust
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litigation attorney with experience
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investigating prosecuting and defending
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your specific legal claims to look for a
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trust litigation attorney with whom you
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feel comfortable and have a good rapport
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litigation is an emotionally taxing
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experience and can be very long while
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many people think they want to shark or
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a pit bull the reality is that you want
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someone who understands you in your case
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your family dynamic someone who listens
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to you and understands what your goals
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are and someone who has a strategy to
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achieve those goals and is able to
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execute upon that strategy third look
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for a trust litigation attorney who is
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able to meet your financial needs if you
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are unable to fund the litigation find a
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contingency trust litigation lawyer if
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your lawyer believes in you and your
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case they should have no problem
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offering a contingent or hybrid or
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alternative fee arrangement we recommend
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finding an experienced trust litigation
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attorney familiar with the county
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probate court where the trust is located
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and where the dispute is going to be
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handled for example if the beneficiary
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lives in San Diego but the trust is in
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Los Angeles and the action is going to
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proceed in Los Angeles we recommend
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working with the trust lawyer in Los
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Angeles the Los Angeles trust lawyer
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will generally be more familiar with the
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procedures and the judges in the Los
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Angeles Superior Court probate division
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versus an out of state or out of town
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lawyer at our mo lawyers we protect
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people like you every day call or email
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us anytime with questions or for a free
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consult we're here to help
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you
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