Estate Law Questions? Ask an Estate Lawyer.
I guess the more I am reading, the more it appears that Trustees almost have to commit murder to be found guilty in this are of the law. Can you explain why there are so many great probate code sections written, but it is extremely difficult to get a trustee to pay for not following any of these guidelines.
Laws are great, but if the courts won't enforce the law you are stuck.
I do not agree they have to commit murder so to speak to be help liable here.If they have committed intentional acts here or clearly negligent in their duties to the beneficiaries they may be held accountable here.I would not give up on this situation.Often by filing suit you use civil discovery to uncover additional wrongdoing.It is not always known what all has been going on the amount and number of acts of harm a trustee has done at the beginning of the suit.During the course of discovery a lawyer may well be able to build the case to the level that you can recover damages including legal fees, and court costs.
This may include forcing production of accounting records, business transactions, etc on behalf of the trust.This may reveal many additional problems unknown to the beneficiaries.Here is great reference outlining the mandated duties of the trustee and cases where they have been held liable for their conduct/misconduct.You should not be discouraged here at the beginning much may come out during discovery that may help you previal.http://www.anthonybarney.com/pdf/Preventing%20and%20Litigating%20Trust%20Disputes%20Final%20Copyright.pdfI appreciate the chance to assist you tonight.I hope you have good luck with the suit and recovery.
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