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Is it fraud if a beneficiary signs a check from the trust…

Second opinion] Is it...

Second opinion] Is it fraud if a beneficiary signs a check from the trust fund in the name of a grantor?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

It is not a state. It is the Virgin Islands of the United States.

Lawyer's Assistant: What documents or supporting evidence do you have?

I have seen the check which was signed in the name of the grantor�s name. The grantor, her mother, was incapacitated and died the day after the check was signed. The beneficiary who is now the trustee admits that her mother agreed to pay her rent but the mother was was not speaking because she was terminally ill.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. The trust states that the trustee who is also a beneficiary is entitled to 1/6 of the trust asset.

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Answered in 5 hours by:
3/26/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 22,354
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Your Question:

Is it fraud if a beneficiary signs a check from the trust fund in the name of a grantor?J

Response: Yes. The beneficiary should be forced to return the money back to the trust, or the check should be deducted from her share of the trust.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 22,354
Experience: B.A.; M.B.A.; J.D.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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