What to do about self-dealing by a trustee?

My mom had a trust drawn up; she then passed away 7 years ago. I have now found out that one of the named trustee’s changed my moms wishes and put the money in his name, as well as changed the beneficiary. Is this legal? I was the benificury and now I’m not. Both trustee’s on the documents were not notified of the changes nor was I. There is money in this trust no small stuff. What should my next move should be? I have copies of original trust.

Asked on March 5, 2012 under Estate Planning, Michigan

Answers:

David Greene / Greene Law Firm, P.A.

Answered 8 years ago | Contributor

The Trustee breached his fiduciary duty by changing the money to his name.  You have an action against him for fraud and breach of fiduciary duty.  You should bring the action in Probate Court.  THe Court can reverse his actions and restore the money to you as rightful beneficiary.  IT can also remove him as Trustee.

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 8 years ago | Contributor

Get to an estates litigation attorney immediately.  This is fraudulent behavior and you need him to bring an action for surcharge for the money taken a complete accounting and for his immediate removal.  Criminal charges should be discussed also.


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