Do I need a lawyer as a beneficiary of a trust

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Do I need a lawyer as a beneficiary of a trust

I’m a beneficiary of a trust and the
executor is not fulfilling his duties and I
think he could be stealing from the
estate account

Asked on December 6, 2018 under Estate Planning, Arkansas

Answers:

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

Answered 2 years ago | Contributor

It would be advisable to be represented by an attorney. You can sue the (trustee)executor  for breach of his fiduciary duty and specifically conversion (theft in a civil case).  Your remedy is to seek a constructive trust which will require the trustee to return the stolen items to the Trust.  If stolen items have been sold, a constructive trust can be used to trace the stolen items and recover them or their value or the amount of the proceeds from sale of those items.  What is recovered will be returned to the Trust.  Also, if the Trust provides for a successor trustee, that individual can become the trustee or if the Trust does not provide for a successor trustee, you can petition the court to have a successor trustee appointed. 


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