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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37019
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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SUCCESSOR TRUSTEE In 1996 I was trustee step son (24 years

Customer Question

SUCCESSOR TRUSTEE
In 1996 I was trustee for my step son (24 years old) of $30,000., whose father died in Washington state to be paid when he reached 30. recently i received a letter from his California attorney requesting payment of full $30,000.00 plus interest, Or complete receipts of all expenses. He is now 43-44. 13 years after his 30th birthday. I have no receipts but funds were spent on his schooling and other expenses over several years. Is there a Statue of Limitations on this and what other legal rights do I have to protect myself.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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What state were you in when the money was spent on son?

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Did you as trustee have the authority to spend the money on son's education according to the trust documents?

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thanks

Barrister

Customer: replied 1 year ago.
I was in Pennsylvania which is my legal address and son lived with me and my wife (his mother).According the the attorney who handled the trust ( who is now dead) I did.What about the Statue of Limitations?
Expert:  Barrister replied 1 year ago.

Ok, if this was in PA, then if there was an issue here with the use of the funds, then the beneficiary (i.e. son) would have had 4 years to pursue a breach of contract claim or 2 years to claim some type of fraud..

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So you are correct that this is long past the time when son could legally raise any issue about what happened to the money, especially since he was an adult at the time the trust was established.

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thanks

Barrister

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