Miss use of funds by Trustee

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Miss use of funds by Trustee

Trustee refuses to provide beneficiaries a copy of the Trust. Reason to believe Trustee has miss used money for personal gain.

Asked on October 1, 2016 under Estate Planning, Wisconsin

Answers:

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

Answered 8 years ago | Contributor

You can sue the trustee for breach of fiduciary duty (breach of trust) for mishandling funds. Your lawsuit can seek the remedy of a constructive trust which requires the trustee to return mishandled funds to the trust. A constructive trust can trace the funds to any acquisitions made by the trustee, and those items or their value can be returned to the trust.
If the trust provisions include procedures for removal of the trustee and appointment of a successor, those procedures should be followed. If the trust is silent on those issues, petition the court for removal of the trustee and your appointment as the successor trustee.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption