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John Domestic
John Domestic, Lawyer
Category: Family Law
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Experience:  Over 13 years of Experience in Family Law.
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My brother is my dads trustee, he might be using money in the

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My brother is my dads trustee, he might be using money in the trust for his own personal expenses, such as house payments, and updating my dads home he is not going home to, is this allowed
Submitted: 4 years ago.
Category: Family Law
Expert:  John Domestic replied 4 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

It is not allowed to use the money for his personal use unless he is a beneficiary of the trust. This would be considered "self dealing" and a breach of fiduciary duty to your father.

However, so long as your father is alive and the primary beneficiary then your father or a guardian on his behalf will have to be the one to file suit against your brother for this breach.

You would not have a cause of action against your brother at this time because you are not a current beneficiary of the trust.

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