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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38238
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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My Aunt passed away in December, 2014. My sister (as far as

Customer Question

My Aunt passed away in December, 2014. My sister (as far as I know) was the Trustee of her estate. My sister promised to send me a copy of the Trust, and also a copy of my Aunt's Death Certificate. I have not received either to this date.
As a beneficiary (again, as far as I know) on the Trust, I want to sue my sister for Breach of Fidiciary Duty and force her to show me and the other beneficiaries of the Trust the Trust.
After my Aunt passed, my sister packed all her belongings & sold her house, stating that all funds had been used to get my Aunt in an assisted living home.
There has been no accounting of funds, and my last request for the Trust was May 26, 2016, with a promise to send it to me, and of course I have not received it yet.
How can I make sure that my Aunt's wishes were done without having a copy of the Trust? And to ensure that my sister is held responsible for her (in) actions. Thank you.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Your recourse here is to file a formal action to probate aunt's estate and be appointed Administrator of her estate. That would then give you legal grounds to file suit against sister on behalf of the estate to force her to divulge the trust because it would have become irrevocable upon aunt's death.

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If there were named beneficiaries in the trust, then any one of them would have grounds to sue her for breach of fiduciary duty if she sold all aunt's assets and didn't distribute any remaining funds once all bills were paid.

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Sister can be held personally liable civilly and potentially criminally as well if she has stolen trust assets and taken them for herself.

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thanks

Barrister