What rights do I have to my trust fund?

I was left money for my 21st birthday, and the trustee spent it all. He has
attempted to set a rule I must be employed for 6 months to get half. I have
planned to have it and need it for multiple operations my insurance runs out
on. I’ve never had access to the paperwork and he refuses to give me
access. I’m in pain every day and I need help. I’ll be 21 in 6 days.

Asked on September 3, 2017 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

You can sue the trustee for conversion which is theft in a civil case.
Your remedy is to obtain a constructive trust against the trustee by which the court will require the trustee to return the stolen funds to the trust.  If those funds have been used for any acquisitions, the constructive trust can trace the stolen funds to those items and those items or their value can be returned to the trust.


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