Do I need a lawyer as a beneficiary of a trust

UPDATED: Oct 1, 2022

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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


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

Answered 4 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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