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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89702
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My spouses great grandmother left her a trust fund when she

Resolved Question:

My spouses great grandmother left her a trust fund when she died in 2011, the same day she passed away her mother emptied it some how and now the IRS is looking at us to pay the taxes on it plus interest. What can we do to get this settled
Submitted: 11 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The first thing you need to do is report the mother to the police for theft if she left the trust fund to your wife. The IRS will need proof of illegal action by the mom to get you out from liabilty for taxes. You will also have to sue the mother for breach of fiduciary duty, as it is likely she was the trustee which is how she emptied it and if she was not the trustee you would need to file suit against whoever the trustee was for violating the trust and allowing the mom to get the money out.

You will need to file both the criminal complaint against mom and civil suit and you will need to provide this evidence to the IRS to avoid being liable for the taxes due.



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Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89702
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 6 other Estate Law Specialists are ready to help you

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