What do I do if my father passed and left a Trust fund for my brother and I and his sister was the trustee but she spent the money and refuses to speak to me?

Asked on September 9, 2015 under Estate Planning, Wyoming


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your father.
You and your brother can sue your aunt for her breach of fiduciary duty as trustee.  Your lawsuit should seek a constructive trust as a remedy.  A constructive trust will require your aunt to return the money to the trust.  A constructive trust can also be used to trace the funds to acquisitions made by your aunt in order for the value of those items to be recovered as compensation for the funds stolen by the trustee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.