What to do about self-dealing by an executor of a Trust?

My grandfather died 2 years ago. Before the division of the trust my aunt (executor) did a couple of things that have left my mother and myself feeling badly. Mine and my mother’s houses are kept in a trust and we have some trust money to manage them. My aunt (executor) also inhereted a house and used my grandfather’s money to upgrade and/or repair a new bathroom and part of a kitchen. When it came to our houses, my aunt (as executor) did something very different. She found out my mother had a lot of repairs needed for her home so she made sure the family insurance agent ok’d the home so there would not be an inspection. Then she asked me to lie to my mother so she would not have to do any repairs out of the main trust of my grandfather’s.

Asked on February 4, 2013 under Estate Planning, Oregon

Answers:

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Report the aunt to the district attorney of your county for misappropriation of assets of the trust and maybe embezzlement. Further you may want tom petition the court for a change of the trustee of the trust, and have a financial fiduciary appointed to manage the trust so as to keep everybody honest in the managment of these houses.


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.