If my sister and I are co-trustees on a Trust account and she recently depleted the account to $100 without my knowledge, do I have any legal recourse?

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If my sister and I are co-trustees on a Trust account and she recently depleted the account to $100 without my knowledge, do I have any legal recourse?

Asked on January 23, 2015 under Estate Planning, California

Answers:

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

Answered 6 years ago | Contributor

You can sue your sister, the trustee, for breach of trust.

The remedy in your lawsuit would be a constructive trust.  A constructive trust would order your sister to return the funds she has misappropriated to the trust.  If she has spent the funds, either the funds or the value of the items purchased would be returned to the trust.

You should also seek to have your sister removed as co-trustee.


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