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lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25387
Experience:  Attorney with experience in wills, estates and trusts
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Can the Trustee of a Family Trust be sued if the Trustee embezzled

Resolved Question:

Can the Trustee of a Family Trust be sued if the Trustee embezzled all the money from the Family Trust & you are not the Trustor, but beneficiary?
My mother was blind my father had Alzheimer’s when my brother offered to help the attorney finish the details of the Family Trust. Apparently he let him take the Trust to work out the details with my mother. Now my brother is a snake in the grass. The Trust was heavily weighted in my brothers favor, and unbeknown to my mother, he also made himself Trustee. When my mother went back to the Attorney, he asked her if her son read it to her and did she approve, she said yes not knowing he had made himself Trustee. Had everything gone the it was suppose to, I would have an inheritance of at least $500,000.00, but my brother and his wife, who benefited the most stole my inheritance. The case was investigated by the police and I was told, sorry, this was criminal but the D.A. wont prosecute because all your brother has to say is “she gave it to me” and your mother would not make a good witness because of her failing memory.
They left my mother penniless and in debt and me with no inheritance.
Submitted: 8 years ago.
Category: Estate Law
Expert:  lwpat replied 8 years ago.

Unfortunately to contest this will be expensive and time consuming. However, if you are going to do anything you need to do it now and get a deposition videotaped with your mother before she gets any worse. Your claim will be undue influence. The problem is that the attorney is not going to be on your side since that would also make him liable. The court will tend to go with the attorney's testimony since he is an officer of the court.


Your case will be stronger if your mother will agree to join in the suit.


If I have answered your question, an accept and positive feedback is appreciated. Thanks



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