What if you found evidence that the Trustee of a living trust was using the trust for their own personal gain?

UPDATED: Jan 9, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 9, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What if you found evidence that the Trustee of a living trust was using the trust for their own personal gain?

Mom is trustee. I received a bank statement stating that she has made multiple withdraws and even overdrawn the primary Trust checking account for everyday purchases like gas, food, etc. She has gifted me and my brother some money over the period since the trust has been initiated. What should I do?

Asked on January 9, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you suspect that your mother who is the trustee of a trust that you are a beneficiary of has misappropriated moneys with respect to it, you should have a face to face meeting to discuss whether or not your suspicions are well founded or not.

Possibly, the trust allows her as the trustee under the trust to withdraw money from it for necessities to raise you and your brother such as food and gas to transport you two. I also recommend that you carefully read the trust first before meeting with your mother to voice your concerns.

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