Both my parents died two years ago. My sister became the executor of the trust. I have empirical evidence showing that she has used $250,000 for per

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Both my parents died two years ago. My sister became the executor of the trust. I have empirical evidence showing that she has used $250,000 for per

Both my parents died two years ago. My sister became the executor of the trust. I have empirical evidence showing that she has used $250,000 for personal benefit. Can she be taken off the trust and can I sue her in court to get the money back she has taken. This is not easy to deal with, and need advice in regards to this very urgent matter. I am in the process of getting a pit-bull for a lawyer, but want to know if all goes well what possible consequences will my sister face and if I can recoup the money she has taken. Please note, I am a legal adult and live in California. Thank you!

Asked on May 19, 2009 under Estate Planning, California

Answers:

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

Answered 11 years ago | Contributor

If your sister is the Trustee of your parents' trust, then she has a fiduciary duty to you and any other beneficiaries of the trust to follow exactly what your parents asked her to do in the trust.  Do you have a copy of the trust document?  Read it thoroughly and determine what your parents wanted done with the money.  Perhaps they gave her permission to take that money for herself.  You need to know before you sue her.  If she has mishandled the money or violated the trust by taking money owed to the beneficiaries, then yes, you may sue her and have her removed as trustee, and have the money she took returned to the trust.  Speak to an attorney who is well-versed in estate law.


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