QUESTION

Please tell me how a fiduciary for an estate and trust case can commingle funds between four(4) or more accounts take money from them and not repay?

Asked on Dec 05th, 2018 on Trusts and Estates - California
More details to this question:
I helped a friend with the restoration of an estate for which she is the Executrix, loaned money to the estate, through the attorney of record for the trust and he used part of the initial loan to repay a mistake that he made, by transferring funds from the estate's account into his personal, BofA account. He then borrowed $7,000.00 from me, and after I asked for his help with my own trust account issues. He now refuses to repay my loan to him that was originally on a 4 day, promise-to-pay agreement and that was eight(8) months ago. I am a recovering alcoholic with over 35 years in the program, and have listened to him make excuse after the other that is reminiscent of any active, addict and his irresponsible and reckless behaviours have now cost me considerable damage to my credit rating as well as the loss of long term accounts. I am asking somebody in the lawyer community to please help as the monies invested by myself and others is in very irresponsible hands. Thank You
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1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
I am sorry your kind heart got you into this fix. Your first mistake was helping a dishonest person. It’s not a “mistake” to transfer funds into a personal bank account. Unless you have a written loan agreement, yiu’re Out of luck.
Answered on Dec 17th, 2018 at 5:21 AM

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