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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9913
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My sister was trustee from my grandmothers estate. after she

Customer Question

my sister was trustee from my grandmothers estate. after she passed ,my sister was to pay any taxes on house, medical bills, ect.. after everything paid out she was to divide the rest of monies and assets myself and other sister. she kept it all and our whole family is upset and now she is saying that gram wanted her to keep mother, uncles, cousins now this is not true, can we have her removed as trustee for misrepresentation and stealing. need help
Submitted: 2 years ago.
Category: Estate Law
Expert:  LegalGems replied 2 years ago.
My goal is to provide great service - if you have any questions, please ask. A follow up consult with a personal attorney is always recommended.
I am very sorry to hear of this; thank you for your patience as I researched this for you.
So the relevant jurisdiction would be the state (and county) where decedent last resided; a breach of fiduciary cause of action can be brought in that state (attorneys can help facilitate this by skype/email meetings).
If a trustee is in breach of their fiduciary duty, they can be held liable to the estate (ie heirs) for any economic damages suffered as a result of that breach. This can include reimbursement for wrongfully disbursed property, reimbursement for any decline in value due to the breach, and attorney fees and costs incurred in the matter.
The court also may (and typically does) remove a trustee for a serious breach of trust.
A breach of trust action is subject to the statute of limitations. There is a three-year statute of limitations on actions by beneficiaries against trustees for breach of trust. This statute begins running either when the beneficiary receives the trustee's account that "adequately discloses the existence of a claim against the trustee for breach of trust," or when the beneficiary discovers or reasonably should discover the "subject" of the claim.
If the fiduciary (trustee) is responsible for the heir's failure to prosecute (due to misrepresentation, concealment etc) the court will typically find that the statute of limitations has not run, allowing the heir to bring the action.
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Expert:  LegalGems replied 2 years ago.
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