Can a trustee allow 2 beneficiaries to take all of the valuables from a home and leave leaving the 3rd beneficiary to choose from the leftovers?

My aunt had a Will that said her personal property was to be divided equally among 3 people (1 being the wife of the trustee). All other assets were in her trust. He has not prepared an inventory and the house has been cleaned out. Also, there are several pieces of jewelry that they claim no knowledge of. What can I do? I am the only blood relative.

Asked on January 27, 2013 under Estate Planning, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written about the trustee under the aunt's estate breached a fiduciary duty to the beneficiaries under the Will by first not inventorying the personal property and then not having the beneficiaries take picks in order of what they were given.

I suggest that you consult with a Wills and trust attorney to make a demand upon the trustee for an accounting and to retrieve the items taken so that the beneficiaries can take turn picking what they want.


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