Trustee is not Trustworthy

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Trustee is not Trustworthy

Father-in-law died 8 months ago. Left a Will and Trust. There are 4 beneficiaries and all assets are to be divide evenly. The Trustee, a lawyer, is a young inexperienced and so far ecotisical and difficult person to work with. Everyone is nice to him, but when we ask him about his decisions he backtracks, lies, etc. He distributed tangible property unevenly and when he was called out on it, he said hat the will

Asked on October 20, 2018 under Estate Planning, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Beneficiaries who believe that a trustee is incompetent, acting negligently or carelessly, not following the terms of the trust, benefiting himself (e.g. by generating unnecessary billing) at the expense of the trust and beneficiaries, etc. can bring a legal action traditionally called one for an "accounting" to make him "account" for, or justify, his actions. If he can't--if he has been found to have acted improperly--the court can force him to repay money lost, wasted, taken, etc. to the trust; order him to do or not do specific things; or replace him as trustee. This action is MUCH more complex than, say, bringing a small claims suit; it is not the kind of legal action non-lawyers should bring. Retain a trusts and estates attorney to help you; the beneficiaries affected can as a group, hire the lawyer to spread the cost.


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