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We are unsatisfied with the final accounting of a trust. She…

We are unsatisfied with...

We are unsatisfied with the final accounting of a trust . She didn't explain checks written and to whom. We want to know are recourse. She has blocked everyone from contact.

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

Sorry my name is*****'s in San Mateo county Ca

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

The final accounting was just copies of the last month of the family trust account.

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

She was transferring money into the account and out but didn't show us where the money came from or went to . A $29000 check was written out of the trust with no explanation. It was on the 23 month of a simple trust and a few checks are not accounted for.

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Answered in 4 minutes by:
3/24/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,155
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If the trustee won't be forthcoming with a full formal Accounting of all the inflows and outflows from the trust, your recourse is to file a civil lawsuit against the trustee for breach of fiduciary duty in the local probate court. The judge can order the trustee to provide a full formal Accounting to the beneficiaries and if the trustee has done anything improper with trust assets, they can be held personally liable not just civilly for repayment, but also criminally if they have stolen trust assets..

.

So you would need to talk to a local Trust/Estate attorney about helping you file a formal suit against the trustee for their actions if they won't respond to any requests for detailed information about the trust..

.

.

thanks

Barrister

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Customer reply replied 1 month ago
They were to keep the house but pay of other siblings. They waited 11 months to do that so is there a point in time when they should have been paying rent. Or are we just being petty?

Technically they shouldn't have been using trust assets for their own personal use, but unless the trust specifically states that they have to pay rent, a judge probably wouldn't impose that duty on them...

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,155
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Barrister and 87 other Legal Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Legal
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Customer reply replied 1 month ago
Can they still hold money from the trust to pay for a lawer if we sue?
Customer reply replied 1 month ago
Mr. Handel always talks about getting a lawyer to send a "shake them up letter" would that be the first play. And hopefully she'll realize she has to complete the process to everyone's satisfaction .

Can they still hold money from the trust to pay for a lawer if we sue?

.

Legally yes, as the trustee has the right to use trust assets to defend the trust. But if they have done something wrong, they can be held personally liable to repay the trust..

.

And yes, you never want to jump right to litigation and want to send a demand letter to the trustee first to see if they will either fess up to what they did... or provide the requested information to prove that they haven't done anything wrong..

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Barrister
Barrister
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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