Can an attorney get into a trust account and use this money for personal use? He is using this money for personal use?
Question Details:
He is using this money for personal use, but assures his staff that it is perfectly legal as he is the trustee, and that there are no trustee police. He does continue to make payments to the beneficiaries, but has emptied several accounts. We have confronted him, and also the other associates, but they say that this is legal. Is this correct?
If the attorney is the trustee he has the right to a fair and reasonable fee for services as trustee. However, that fee should be paid to him or his law firm (monthly, quarterly, annually) with one check. If there are multiple checks to various providers of goods and services on behalf of the attorney in his personal, not trustee, capacity, you need to take legal action soon. I am currently representing a 9 year old whose Florida attorney stole, yes stole, $100,000 from the lawyer's own trust account. The proceeds were paid to the lawyer's trust account as a result of the wrongful death of this little boy's father. The unfortanate problem is that if you "wait and see" and your suspicions are found to be true (unlawful use of funds), it is generally too late and even if you sue the lawyer, if he is broke and/or in prison, it will do you no good. Please don't hesitate to contact me if you would like to discuss this matter further. Best of luck.
Keenan Post, J.D., LL.M.
913.341.7800 x103
