QUESTION
If the executor of an estate and\or trust has pludered a trust for her advantage, is this a criminal issue or a civil one?
Asked on Feb 07th, 2012 on Trusts and Estates - Missouri
More details to this question:
My fathers trust stated that the proceeds of the trust could be used for my mothers needs, and that the principal could only be used once he funds had run out. The executor of the estate appearantly (from what documentation I have been able to get) plundered the principal to her own advantage. This became eveident since my mothers death. My mother''s trust was changed after my father''s death where is has become evident that there was external influence user by the executor''s advantage. If the movement of the prinicipal funds is criminal, I want to press charges and if there is any civil remedy available, I would like to pursue that as well
1 ANSWER
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You may be able to press criminal charges, Mike, and that should be pursued through your District Attorney. However, typically, these things are handled by suing the Executor/Trustee in probate court to restore funds and pay damages.
A Missouri attorney experienced in estates and litigation should be consulted immediately, because in most states there is only a certain period of time that is allowed to pursue such actions. This is called a statute of limitations.
To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com
Answered on Apr 09th, 2012 at 2:04 PM