CAMARILLO, CALIFORNIA — Court filings allege that Angelique Friend misappropriated funds from a trust for Patricia Mettler by arranging kickbacks to her husband through her company Probate Services Inc. in Camarillo, California. Relatives of Patricia Mettler are asking for Friend to be removed as trustee, for the return of all assets improperly disbursed, and for payment of attorney fees.

Patricia Mettler, a Southern California patient diagnosed with Alzheimer's disease, was in poor health when Friend was appointed trustee of her trust in 2021. According to court filings, Mettler was unable to report where she was born and raised, recall the name of her high school or when she graduated, recall prior employment, details of prior relationships, or the names of her children.

Friend hired Towngate In-Home Services, a company owned by her husband, David Esquibias, to provide care for Mettler. The estate of Patricia Mettler paid $1,110,000 to Towngate In-Home Services over an almost four-year period for her care. Friend paid herself over $165,000 from the estate, bringing the total payments disbursed to $1,275,860.34.

The lawsuit alleges that Friend did not disclose the hiring of her husband to any party, including Mettler's attorney. The lawsuit alleges that Friend did none of the actions required to avoid a breach of duty, or if she did, her actions were insufficient to shield her from liability for breach of fiduciary duty.

The lawsuit states that a trustee with a conflict of interest and an incapacitated beneficiary can avoid a breach of duty by seeking court approval, disclosing the breach to the beneficiary's legal representative, or seeking the appointment of such a representative. The lawsuit states that even if Towngate In-Home Services received compensation at a fair rate consistent with community standards for similar care, that would not shield Friend from liability for breach of fiduciary duty.

David Esquibias is a lawyer certified by the State Bar of California as a Specialist in Estate Planning, Trust and Probate Law, according to his LinkedIn page. Probate Services Inc's website states that Friend emphasizes the importance of understanding attorney fiduciary duty and ethical estate management, and that those managing an estate must act in the best interests of beneficiaries while following strict legal guidelines.