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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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As a beneficiary of a trust, how do I go about getting the

Resolved Question:

As a beneficiary of a trust, how do I go about getting the court system to review the actions of a trustee who has taken trust funds with no explanation of what they are for? I know trustee has taken in excess of $60k. I have written and sent him a letter requesting a full accounting which has been ignored.
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.

Welcome! Thank you for your question.

 

A beneficiary of the trust would need to file a proceeding in Oregon Circuit Court for Breach of Trust and Fiduciary Duty against the Trustee. This will require a formal civil complaint alleging the actions that the trustee has taken to breach the duty of the trustee to the beneficiaries of the trust. This complaint can only be filed by a beneficiary of the trust. The court will then have the authority to review the actions of the trustee and determine if they are a breach of the trustee's duty. These are highly complex civil litigation cases so it is recommended that you hire an experienced Estate litigation attorney to prepare and file the action on behalf of the beneficiary. You can find an estate litigation attorney in the area at http://www.lawyers.com/.

 

 

I cannot provide you with legal advise. I can provide you with information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

 

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
John Elder and 13 other Estate Law Specialists are ready to help you

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