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PostPosted: Tue Jun 09, 2015 2:12 pm    Post subject: 11 Reply with quote

Lani and I won't contest the will if Arthur agrees to give me $25,000 and John agrees to give me $25,000 when the estate is completed. I heard it may take up to two years to contest a will. If I have to spend that time, I will. I'd prefer to settle this dispute much more quickly. Otherwise, I'll use the proof I've collected that shows undue influence and have John removed from the will. My mom wouldn't have completely disinherited Lani and me without John's coercion and I have a big stack of documents that will prove undue influence and neglect by John.

P.S. Lani doesn't care about the money, but she wants to help to do what's right.


The Probate Code at Section 16061 states that “on reasonable request by a beneficiary, the trustee shall provide the beneficiary with a report of information about the assets, liabilities, receipts, and disbursements of the trust, the acts of the trustee, and the particulars relating to the administration of the trust relevant to the beneficiary’s interest, including the terms of the trust”.

Before a beneficiary may file a petition to compel an account or report, the beneficiary must comply with certain prerequisites. Accordingly, counsel for a beneficiary must be diligent in fulfilling and documenting the prerequisites. Specifically, before a trust beneficiary may petition the court to compel a trustee to account or report, the trust beneficiary must request, in writing, such account or report from the trustee [Prob. Code § 17200(b)(7)]. Because the date that the request is made is significant to whether a trust beneficiary may petition the court for an order compelling an account or report, counsel for the beneficiary should send the written request to the trustee via certified mail, return receipt requested, or some other form of delivery that provides proof of delivery. The trustee is permitted 60 days in which to provide the requested information. As such, a trust beneficiary may not file a petition to compel an account or report prior to 60 days from the time that the trust beneficiary requests an account or report in writing [Prob. Code § 17200(b)(7)]. Finally, a trust beneficiary may not petition the court for an order compelling the trustee to account or report if the trustee has provided an account or report within the six-month period preceding the trust beneficiary's request to account or report [Prob. Code § 17200(b)(7)]. - See more at: http://www.lexisnexis.com/legalnewsroom/estate-elder/b/estate-elder-blog/archive/2011/11/02/how-to-compel-an-accounting-from-a-reluctant-trustee.aspx#sthash.E6SeMcsF.dpuf

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Asking for Ex Parte:

1. Mom passed away July 30th. John did not tell anyone, until my sister - Lani - in Hawaii called the police for a welfare check. John called Lani Friday August 14th to notify Mom passed away.

2. John didn't contact me until September 1st. Said he didn't have my phone number, but had my email, since he sent me an email September 1st.

3. Mom's doctor's office told me before Mom passed away, John has health power of attorney and they were told cannot give me or anyone info on my Mom's well being.

4. John took advantage of my Mom's condition to disinherit my two sisters and niece, buy a new car, drain my Mom's bank accounts (including $11,000 from refinancing the house in January 2015 and $10,700 from life insurance in March 2015), and possibly steal her jewelry.

5. Believe John is still trying to get as much as possible and give everyone else as little as possible, because will not give me accounting of trust.


Declaration

I worked in the San Francisco area for eight years and had no problems with my brother - John - till November 2014, when I visited my Mom on vacation. My Mom bought a new car and didn't have much money left after her monthly bills. I said do you want to go to the bank and refinance the house? She immediately agreed. While at the bank, John noticed my sister's - Pilar - name with my Mom's name on a bank account. John gave the branch manager a hard time, about that account, although there was no money in it. When I said to John it's no big deal, he got mad at me. While putting my Mom in my car, he shoved me, and then tail-gated me, in his car, all the way home.

In December 2014, my Mom called me and said John isn't helping her. "He won't even bring me a glass of water." I called John and basically told him Mom is the top priority.

In January 2015, both my Mom and John called me several times to move to the house. My employer let me go right away (received 12 weeks paid family leave) and moved into the house. Within a month, my brother began causing me lots of trouble, which put stress on my Mom, and I left the house.

I expected to live at the house for free, help my Mom, and go back to work after 12 weeks. John kept asking me "Who's side you on - my side or Pilar's side? I kept telling him I'm on Mom's side. During the first month, he was trying to bribe me to be on his side, through his help (e.g. setting up apps on a new phone he bought me) and Mom's money (e.g. paying for my car repairs). However, I wouldn't take sides, because I didn't really know what was going on between John and Pilar.

Anyway, as time went on, I realized John was most interested in Mom's assets and did the minimum, or less, to help her. My Mom needed a lot more help. She needed to get out of bed, get physical therapy, and gain weight. I began to realize, John wanted as much as possible and give everyone else as little as possible. He kept my Mom a prisoner in the house, and over the last few months of her life, wouldn't take phone calls or return calls. My Mom was John's "golden goose," and he kept her isolated from family and friends.

- Arthur Eckart







DUTY OF TRUSTEE TO INFORM AND ACCOUNT

Under the FIRST AMENDMENT TO TRUST of Maria Eckart Newsom within 60 days after acceptance of the trust, the trustee - John Eckart - shall:

1. Give notice to the qualified beneficiary - Arthur Eckart - to the existence of the trust; the right to request a copy of the instrument; and the right to accounting - Probate code.

a) The trustee is required to keep the beneficiary informed about the trust and its administration - Probate code section 16060.

b) This statutory duty includes the duty to provide accountings - Probate code section 16062.

Complete and accurate information about the trust property and transactions, including trust records and accounts. Contents of reports should include trust property, liabilities, receipts, and disbursements - UTC section 813. A list of the trust assets and, if feasible, market values - UTC section 813(c).

Law office of Phillip W. Cox
3020 Old Ranch Parkway
Suite 300
Seal Beach, California 90740
562-799-5511

Send all correspondence to mediator appointed by Arthur Eckart and informed by email and in person to John Eckart:

Larry Wheeler (address - phone - email)

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Request An Accounting Of The Trust
If a beneficiary seems to have a valid trust dispute, then the beneficiary should file a formal request for the trustee to provide a full accounting of all financial transactions associated with the trust. Such a formal accounting is, in most jurisdictions, a requirement before the dispute can be presented to the court. Because such a formal accounting usually covers a long period of administration, this request needs to be made as soon as the beneficiary or advisor begins to contemplate taking formal action against the trustee.

Court Intervention
The final arbiter of a dispute over the services of a trustee is the state court system, usually through its probate court division. Once the formal accounting is filed with the court, a beneficiary must specifically set forth his or her complaints. This essentially begins a lawsuit between the trustee, on one hand, defending its actions, and the beneficiaries, on the other hand, advancing their complaints. Like any other lawsuit, discovery ensues with depositions of the trustee and requests for documents in the possession of the trustee and others. Frequently, a financial advisor is retained to serve as an expert to analyze the investment performance. Having legal counsel who concentrate in such work are vital to the effective pursuit of this type of action.


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PeakTrader:

Every state is different.

Paper mills and cheese factories may not attract much talent, from the rest of the country and the world.

And, “Rust Belt” states had a smaller role in the Information Revolution than “Sun Belt” states.

Yet, many, if not most, states had a decline in “start-up density” from 2006-10, and then it roughly flattened out, since 2010, including Wisconsin.

http://www.kauffman.org/microsites/kauffman-index/profiles/state?State=Wisconsin

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Ricardo, perhaps, after the recession, it became harder to get a loan, and even more costly and risky to start a business (e.g. because of more regulations, more progressive taxes, and slower demand).

Fred DeLuca, who founded Subway in the mid-1960s, on starting a business today:

“I don’t think I would have been able to get through the maze that we have today. As a seventeen year old–a seventeen year-old with very little money–I would have been blocked. I’m pretty confident that the lag time to get open, the amount of costs to meet regulations, the rent I would have had to pay while I was burning up time…those things would have put me out of business.”

****

Not Posted:

What are some of the causes of the general decline in entrepreneurship?:

Some excerpts:

"The founder and CEO of the successful “Subway” sandwich franchise, Fred DeLuca, is saying the same thing: “If I started Subway today, Subway would not exist." DeLuca said the environment for entrepreneurs in the U.S. has "continuously gotten worse because there are more and more regulations. It's tough for people to get into business, especially a small business."... DeLuca says he could not replicate that success in today’s business environment, because of the “continuous increase in regulations."

Bills mandating employers pay workers for up to 9 sick days per year and provide up to 24 weeks of paid family and medical leave. The paid sick leave bill would be funded entirely by employers—when a worker calls in sick they must pay that worker, as well as pay the worker who fills in for the sick worker. The paid family/medical leave bill would charge a new payroll tax on employers and workers to pay for the program. Both bills would create more administrative and record keeping work for employers.

The Affordable Care Act is "the biggest concern of our franchisees," Deluca said. "They don't know what to expect. It's causing a lot of concern, but that too will be passed on to the consumer."

Deluca also said minimum wages have to increase over time, but "doing a sharp raise all at once is a bad idea. Minimum-wage workers deserve to make more and a little bit of an increase makes sense to me." He said that "wages directly affect prices" and "it will cause franchisees to raise prices, there is no question about it."

Entrepreneurs now find it difficult to get loans.

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