Full question:
How do you get and atty that some one has had write a trust on your life, but will not give you a copy of same. I know state lawin NC, but i have two such cases, and it is drving me up the wall, I haev ask this to sevearl attys and they all reject my request for fraud. or contol of my life, is all this done, It was done by mybrothers, one who was in bakrupt and ask me not to contest my mother, will, but when all over i found out this week, His wife, got 131 lots, and gave to her children, MY other brother a dr in charlotte, got 233 acrea of fram land with house and other assett, I got, 3 acreas, and 20,000.00 Not right, and yes i upset as they destryed my family, ny child does not talk to me in ten years, as she is on one trust, and, the other has a friend on it, Yes my brother, took every thing from me, and left me with out food, water, heat or lights, yes frieds feed me, ect, but wheni got cold i called, the one in s charotee who, ask DO you hVE ANY ONE THAT WILL DO A TRUST, I TOLD HIM YES, AND THE ENXT MORNIGNHE WAS AT HER HOME WITH IT AND PUT IN HER MAIL BOX. yES THEY SENT ME TO BROUGHT WFOR WRITNNG,AND ASKIN THEM EVER WEEK, And up there they were told, NO lady should live as i have and had to do, disgusting, i came home then, Yes my motehr belived a hitelr did, that you wipe out the ingorant ect and you have apure socity, i belive we were given life and we are to help one another, Yes mt the attybrothe told my daughter not to help me. I called this stanism, Yes an elder in the churc h, so you see, that my mother teaching were not normal parenting, and i was the victim of her hate, Yes, My gradfanter gave us all we had but my house that they took put in her name, during the bank rput, and gave to my children on thier way out, a givein ne alife time right, am i mad, Yes, am i uupset yes, as i had a buiness three steps from opeing before i called my dughter and founf out, the atty ahd called her and told her not to help me, I called him and for this, i was sent to the mental ward, am i righ t to be mad, and upset, How do i find out what is in these trsut, / all iam asking for,my motehr eventold me before she died that iwas not educated enought to go to the church where i had gone since 1958, and rised my children ther, but that was y motehr, who did not have funds to educate me but had it for her sons, i educated my faughter aand m son went to the army to get his, and both are doing finnd but i dod not know my grand children, due to these two selfsh men, i no dumb bunny, but again at 65 your work limit of some hiring you is samll and it was best for me to do an business, and kepep inmind all was paid for but the car use to tranport patience to appoinments nd the rent, I had ask dugher for laon ofon the trust she had, top pay for worker compensition, adds in th epapers, theni would have been on my way, ayes i was working in home hleat cAre at the time, but again, i had permission to add thisis southen catawba county with no fear of, being dismissed, Yes, i had cover all the bases but not the one mother did not cover in her teaching of her sons, Keep you nose out of betty Gail business,Yes one got 131 lots after going in to bank rupt, in 1987 an and comin gout in 1994 , and have this much left over, no way, some thing isnot right, and the dr, he got 233 acreas, plus house and all out building, i got 3 acrea nd 20,000.00 upset yes hurt yes, alone yes, go to chrcu no, Motehr said not too and any time i di any ting, she not too i gota beating witha laeater belt, i know this is noow phylogical, but again, it is there. my c son lives in Co, and doing find i talk with him every week, by phone, Yes the lawyer ihave here in town i ask him 7 years ago, and he never pursured and i ask him agin yesterday, ohope that he does no do as he did belfor na just hold on to the check, I saw this nd thorugh ti tell you, I wll say when i was sent to stat mental facilty by DR brotehr, the atty that repesented me tehr told me, to go to the atty general of the state and also go the adjuanr genral, as hatty brale was a retire co in the army, it said inhis obutiary, inever knew it,
- Category: Trusts
- Date:
- State: North Carolina
Answer:
A trust is a private document, and beneficiaries typically do not have the right to demand a copy. However, a copy may need to be produced in a legal action against a trustee, such as when requesting an accounting. Trustees have a fiduciary duty, meaning they must act in good faith for the estate's benefit. They are required to keep their funds separate from the estate's, maintain detailed records of all transactions, and cannot profit from their position unless explicitly allowed by the trust or a court order.
If a fiduciary duty is breached, various legal remedies may be available. Common actions include filing a petition for an accounting, claiming breach of fiduciary duty, theft, conversion, or fraud. Fiduciaries owe two main duties: loyalty and care. The duty of loyalty requires them to act solely in their clients' interests, avoiding conflicts of interest, while the duty of care mandates they perform their functions competently and thoroughly.
To establish a claim for breach of fiduciary duty, you must show that: (1) a trust relationship existed, (2) the fiduciary breached their duties, and (3) you suffered damages. Affirmative defenses may include the statute of limitations, lack of a fiduciary relationship, lack of standing, approval by the client, or the business judgment rule.
Conversion occurs when someone wrongfully uses another's property. To succeed in a conversion claim, you must prove you demanded the return of the property and the defendant refused.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.