A class action lawsuit has been filed against sellers of living trust documents for allegedly exploiting senior citizens. The lawsuit, Case No.: Cv-2007-474-2, was filed in Miller County Circuit Court and names John Vermillion, John Vermillion and Associates LLC, CLA USA Inc., CLA USA Insurance Services, CLA Marketing, CLA Estate Services, CLA Insurance Services, Charles Loper Jr., Charles Loper III., Steven Morgan, Robert Reese, and The Estate Plan Inc. as the defendants.
The class action lawsuit claims the defendants misrepresented themselves as qualified financial advisers, estate planners, lawyers, and paralegals to exploit and prey upon senior citizens with the selling of unnecessary living trusts. The defendants are accused of fraud, unauthorized practice of law, negligence, breach of fiduciary duty and conspiracy. The suit alleges that the defendants created and sold the living trusts as part of a scheme to gain access to senior citizens' financial information in order to sell annuities and other financial products.
According to the legal dictionary on Law.com, a living trust is created by a declaration of trust executed by the trustor during his/her lifetime, as distinguished from a "testamentary trust," which is created by a will and only comes into force upon the death of the person who wrote the will.
