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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
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My mother died and she had a trust with $100,000 in it .my

Customer Question

My mother died and she had a trust with $100,000 in it .my brother was trustee .he said there is no money he cashed the cd and kept it all as it belonged to him as his inheritance ..he has a sister and brother also ..never gave us any of the money .he refuses to give us all the paperwork from the trust for the last 19 years she had it ..my dad died 1997 and left him in charge of her estate with $550,000 ..he won't give me anything to show what happen to any of the monies ..he said she spent it ..she told me he would only give her the interest check if $509.00 a month ..she said he took it all and won't give to us either ..what do I do now legally ? He signed and cashed her cd with her name only on them ..
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Since estate law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Has anything been filed or reported?
Customer: No he disposed of the trust he said
JA: Anything else you want the lawyer to know before I connect you?
Customer: She had a will leaving all to me but he won't give to me or file
Submitted: 1 month ago.
Category: Legal
Expert:  Bill Attorney replied 1 month ago.

This is attorney Bill answering your legal estate question today. The trustee must act according to Estate property and trust law in Louisiana. Your brother as trustee must exercise his trust duties in ensuring that the trust is properly managed.

Interested parties, ie beneficiaries of a trust, must legally be informed of their right to challenge a trust once a trust comes into existence after the death of the settlor/ grantor.

Also, the trustee must exercise his fiduciary duties to beneficiaries.

The proper steps for an interested party would be to petition the probate court for a full accounting of trust property to ensure that all property has been properly disbursed.

An action to remove your brother as trustee and to sue your brother for fraud and or breach of fiduciary duties could also follow.

Please follow up with me if you need more information.

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