QUESTION
How can we get our money from our trustee who did not follow the trust?
Asked on Nov 09th, 2012 on Estate Planning - Michigan
More details to this question:
Our Trustee who is also a lawyer, did not follow the Trust and also invested our money with an annuity his son wrote up. The money was pretty substantial and we haven't received a penny of it yet. It's been over 3 years.
21 ANSWERS
Better go see a lawyer you can trust.
Answered on Jun 18th, 2013 at 12:25 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California , heirs and beneficiaries are entitled to certain information including a copy of the trust or its terms, an annual accounting, etc. That is where you start. If you discover a breach of trust, you will need an attorney that is experienced in trust litigation.
Answered on Nov 16th, 2012 at 8:02 PM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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You should hire an attorney to go to probate Court to remove the Trustee, if the facts support such an action. It's not cheap, but the alternative seems to be even more expensive.
Answered on Nov 14th, 2012 at 7:39 AM
3 Awards
You really need to consult an attorney to address your options. In Nevada, you may choose to confirm the Trust with the probate court and require an accounting. Again, meet with an attorney who can review the trust and advise you on your rights.
Answered on Nov 14th, 2012 at 7:29 AM
Thomas Edward Gates
You can file a motion to the court for an accounting. If the Trustee has not been following the Trust, he could be held liable for any deviation.
Answered on Nov 14th, 2012 at 6:49 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It is important to review the terms of the trust to understand how and when you get the money. To proceed, you need to file a petition with the Probate court to have the court supervise the Trust.
Answered on Nov 14th, 2012 at 4:02 AM
Shadi Ala'i AlaiShaffer
Get an attorney immediately as you need to request to remove him as Trustee. He should not invest money with a family member, if he did this that can be deemed a breach of duty as Trustee and can appear to be self-dealing.... you need to consult an attorney to get more information and assistance.
Answered on Nov 14th, 2012 at 2:56 AM
You can petition for the removal of a trustee that does not follow the terms of the Trust. You should consult an estate planning/probate attorney for assistance.
Answered on Nov 12th, 2012 at 5:46 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
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You can raise a complaint with the Oregon State Bar regarding the Attorney's handling of the Trust accounts. The Bar will investigate the matter and work to resolve it.
Answered on Nov 12th, 2012 at 5:45 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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First, you should file a complaint with the State Bar of California who is the licensing agency, for self dealing by the lawyer, breach of fiduciary duty, fraud. At the same time obtain the services of a probate litigation lawyer for a malpractice lawsuit against the lawyer; the key here is malpractice(fraud, self dealing, breach of fiduciary duty,etc.). Don't delay on this as there are statutory time limits within which to file legal actions.
Answered on Nov 12th, 2012 at 5:45 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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File a petition in the Probate Department of your county's Superior Court.
Answered on Nov 12th, 2012 at 5:44 PM
The acts that you describe could be serious breaches of trust. You should immediately gather your records together and go see an attorney that knows about trusts and estates.
Answered on Nov 12th, 2012 at 5:44 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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My partner specializes in these type of cases and is very good. You need to file a petition against the trustee. You really need to talk to an expert to determine the best strategy. It sounds like from your question the trustee has breached his fiduciary duty and could be removed.
Answered on Nov 12th, 2012 at 5:43 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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Petition the probate court.
Answered on Nov 12th, 2012 at 5:43 PM
You will have to take the trustee to court. Please consult with an attorney.
Answered on Nov 12th, 2012 at 5:42 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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If the trustee is uncooperative and breached his duty, then you may need to go to court and sue him for breach of fiduciary duty. The sooner the better.
Answered on Nov 12th, 2012 at 5:42 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The solution is to file a petition with the probate court in the appropriate county for an order for an accounting and distribution of the trust. If the trustee has not complied with the trust's terms, then the petition may also seek damages from the trustee for any losses caused by that lack of compliance. Damages also can be sought for any breach of the trustee's fiduciary duty, such as improper self-dealing. I do NOT recommend that you attempt to file a petition and obtain the order without the benefit of counsel. You would be wise to find an experienced lawyer in the field of trusts and estates to represent you.
Answered on Nov 12th, 2012 at 5:42 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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File a petition with the Court.
Answered on Nov 12th, 2012 at 5:41 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have a complex situation that does not allow for an easy answer in a forum like this. You need to sit down with an attorney, review all of the documents and the facts of your situation, to determine how best to proceed.
Answered on Nov 12th, 2012 at 5:40 PM
Tax Attorney serving Naples, FL
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Henderson, Franklin, Starnes & Holt, P.A.
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You may need to sue for bread of fiduciary duty. You will need a lawyer to assist you.
Answered on Nov 12th, 2012 at 5:40 PM