What can I do if an executor is mismanaging a n that I am a of?
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What can I do if an executor is mismanaging a n that I am a of?
I have witnessed them use Trust moneys like their personal expense account. Can I get the bank statement to prove this? Also, she claims to be a beneficiary but they aren’t isn’t listed as one in the Trust, they are only named executor in the Trust. The trustee had put aside 25 and the executor is claiming that is their fee. What she can spend on gifts and parties? They also gave away household items that could have been sold and paid for the lodging for people coming to the Celebration of Life. They also bought gifts for people and gave money to people who weren’t named as beneficiaries because she thought they should have been. What can I do? We went through a Trust attorney so no probate was necessary for us.
Asked on October 31, 2017 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If a beneficiary believes that a trustee is violating the terms of the trust and/or violating her fiduciary duty (her law-imposed obligation of loyalty and honesty to the beneficiaries), you can bring a legal action in chancery court (a part or division of county court) seeking an "accounting": that is, to require the benefiary to "account for" her actions. If the court finds that she has violated the trust or her fiduciary duty, it can order her to do (or not do) certain things, to return monies she took, spent, or diverted improperly, and/or remove her as trustee and appoint someone else.
This type of legal action is considerably more procedurally and legally complex than, say, a small claims suit; you are strongly advised to retain an attorney to help you.
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