Estate Law Questions? Ask an Estate Lawyer.
What state is the trust located in? Did the trustee take the funds, if not, who?
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If the trustee is taking funds from the trust then the trustee will be personally liable for the losses to the trust. Many trust and states require a trustee to post a bond to cover things such as this but that is not always common. The trustee has a fiduciary duty to preserve the assets for the beneficiaries of the trust and actions to the contrary can get the trustee removed and create a cause of action for the loss of assets of the trust and possibly and additional loss of income caused resulting from lost investment opportunities. You need to retain a probate attorney to ascertain your rights and possibly file a suit against the trustee and get he/she removed from their position.
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