trusts

brother is successor trustee and I am co-trustee. Trust became irrevocable upon
dad’s death. Mom just died this month. As co-trustee, do I have a right to an
accounting from successor trustee. Successor trustee has taken money over the
years for his own use and has told me to mind my own business. Can the successor
trustee take my inheritance?

Asked on August 21, 2018 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  I am a bit confused as to what happened here.  Your brother was successor trustee after whom?  Who was the other co-trustee with you originally?  While you get that ironed out, I suggest that you seek help from an attorney asap.  It sounds as if your brother breached a fiduciary duty but only the terms of the trust will tell you that.  If he was permitted to take the funds then it would be in the trust terms.  Likely he was not, but you understand that the trust governs.  And yes, he has to account for all the funds taken and used to everyone.  Good luck.


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