How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37356
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I am a beneficiary of my mothers and fathers will. The trustees, my oldest sister, and my

This answer was rated:

I am a beneficiary of my mothers and fathers will. The trustees, my oldest sister, and my youngest sister, have refused to show me any paperwork of where monies have been spent. The two of them have fought, for the last 4 1/2 years, holding up dispersements of said trust. losing already 33% of the value of house to be sold. Now the house is being sold, and they are refusing to give me paperwork to show where $40,000.00 of expense's are going. Before mom's death, the were asked to provide an accounting of everything, but refused. They maid themselves trustee while mom was not of sound mind.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
I am sorry to hear that you are having these problems with your sisters...
.
What is your legal question I can help with tonight?
.
.
Thanks
Barrister
Customer: replied 4 years ago.


Do I have good legal grounds to sue them, and win.

Would you be wanting to sue them for the loss of the house value or to provide the documentation for the $40K, or both?
.
Do you have evidence of the loss of value to the house (i.e. appraisals from then and now)?
.
.
Thanks
Barrister
Customer: replied 4 years ago.

I want to sue them for both, and breach of fiduciary duties.


 

If you have proof that their actions have caused a diminished value of the trust assets, like if you have appraisals from 4.5 years ago and now, then you could maintain a lawsuit against them for breach of their fiduciary duties and hold them personally liable for damages if they were acting in bad faith. You would have to show that there was no legitimate reason for their actions and that they were either intentionally or negligently done to cause the delay in the sale.
.
As for the accounting, as part of any suit against them based on their breach of their fiduciary duty, you could file a "motion to compel accounting" which would force them to appear in front of the judge and explain where they money went and why they have refused to provide you that information as required by law.
.
This probably isn't something you would want to tackle on your own unless you are familiar with drafting your own complaints and legal motions so I would suggest talking to a local estate or probate law attorney to assist.
.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and 2 other Estate Law Specialists are ready to help you