What steps can I take to have a successor trustee return property removed from a Trust

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What steps can I take to have a successor trustee return property removed from a Trust

I am a successor trustee to a trust. I have been made aware that the presently serving successor trustee has removed trust assets for their financial gain. How do I petition the probate court in order for the assets to be transferred back into the Trust? I then plan on moving for removal due to mismanagement and self-dealing.

Asked on June 18, 2019 under Estate Planning, New Hampshire

Answers:

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

Answered 1 year ago | Contributor

You can sue the trustee for conversion which is theft in a civil case. Your remedy is to seek a constructive trust which requires the trustee to return the stolen assets to the trust. A constructive trust can be used to trace the stolen assets to acquisitions made with the funds. Those acquisitions or their value are then returned to the trust. Your lawsuit should also seek removal of the trustee.


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