QUESTION

My father left me some land in his will with my mother acting as trustee.. She sold it and kept the proceeds. Do I have any claim to this money?

Asked on May 15th, 2021 on Trusts and Estates - Georgia
More details to this question:
Can a trustee take all the money from a land sale and keep it for themselves
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Without reading the will, I cannot give you any advice.  
Answered on May 17th, 2021 at 6:56 AM

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Wills Attorney serving Alpharetta, GA
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Please accept my condolences on the loss of your father. As for your question, a trustee's job is to determine how best to invest assets that are left in trust for a beneficiary. As part of that job, the trustee may have to sell an asset and, after a sale, if the trust is still intended to continue, the trustee is supposed to keep the money and hold it in the trust. The trustee is then supposed to follow the terms of the trust and use the money as appropriate for the beneficiary. The trustee can also take appropriate compensation and get reimbursed for money she has spent out of pocket on trust expenses. However, unless the trustee herself is ALSO a beneficiary of the trust (which is possible), the trustee is not supposed to take trust assets and use them for her own benefit. This forum is not intended to allow anyone to actually give legal advice on a given situation- there's just no way for an attorney to find out all of the relevant facts. In the case you describe, an attorney would need to actually see the Will (or any related trust document) so that she could read the trust and understand what it permits and who the beneficiaries are. The attorney would also need a lot more information about what the trustee actually did with the sales proceeds. However, if your mother is the trustee, but not a beneficiary, of the trust, and if she actually did what you describe, i.e., kept sales proceeds that should have been held in the trust and used for her benefit and instead used them for her own benefit, then you may have a case against her for breach of fiduciary duty. To find out whether or not you have a potential claim and what it may take to pursue that claim, find an attorney who does estate and trust litigation and get a consultation. Do it as soon as possible- time is not your friend in a real breach of fiduciary duty case because once the assets are spent they may not be recoverable. Best wishes to you.
Answered on May 17th, 2021 at 4:37 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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