What can I do if my husband died and the trustee he appointed has taken over and won’t give over any of financial info of my husband’s?

He says he is now in charge and is now like my husband it will be like that forever. Is that true? How can this man take all my husband’s stocks bonds and money?

Asked on September 15, 2015 under Estate Planning, Maryland

Answers:

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

Answered 5 years ago | Contributor

You can file a lawsuit against the trustee for breach of trust and have the trustee removed and a successor trustee appointed.  Your lawsuit should seek the remedy of a constructive trust.  A constructive trust means that the trustee will be required to return any money, stocks, bonds, etc.  which he has taken, to the trust.  A constructive trust can also be used to trace assets to any acquisitions by the trustee  and return those items or their value to the trust.
Your lawsuit can be filed in MD because a lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.  For convenience purposes, such as filing documents with the court and court appearances, it would be advisable to file your lawsuit in MD where you reside.
 


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