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My brother is my dads trustee, he might be using money in the

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trust for his own personal...
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: 6 years ago.Category: Estate Law
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1/1/2012
Estate Lawyer: John Elder, Estate & Elder Law replied 6 years ago
John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4,632
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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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.

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your inquiry. I hope you find my response helpful, please click on the ACCEPT button. This is necessary for me to be paid for my work assisting you. Clicking Accept will not close your question. You can still ask, and I will respond, to follow-up questions if needed. Leaving a bonus and positive feedback is not required but they are appreciated!

When you review my initial response, please remember that I cannot guess what information you may already know unless you tell me. I am answering the question(s) posed by you based upon my reading of your post and sometimes I can misunderstand or misinterpret your question. If I did not answer the question you thought you were asking, please rephrase your specific question.

Sometimes the law does not support what you would like it to support. It is my job to give you an understanding of the state of the law, not just tell you what you want to hear. I ask that you respect that fact that you received an accurate account of the law by clicking Accept and giving me positive feedback.

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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4,632
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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