QUESTION
Can an executor of a will use money set up as a trust for another person?
Asked on Aug 25th, 2014 on Trusts and Estates - New Jersey
More details to this question:
My brother is the executor of my parents' will and they set up a trust in my name but my brother has been using money from the trust to pay for things that he should not be paying for. I can't even get dividends from my trust because he controls everything. Is there anything I can do to get control of my own trust and make my own financial decisions?
1 ANSWER
2 Awards
You would have to file a complaint seeking to have your brother removed as the Trustee. In the complaint you would also ask for an accounting, or a report as to how the money in the trust was spent. If this is something you might want to do, start by sending your brother a certified letter(so you can prove he received it) demanding that he provide you with an accounting of the trust assets and how they were spent. If/when he does not respond to that, you will have some of the proof you need to go to court.
Answered on Aug 27th, 2014 at 5:12 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship