QUESTION

What can be done if trustees are crooked?

Asked on Dec 18th, 2013 on Estate Planning - Nevada
More details to this question:
What does a beneficiary to a trust do when there was a conservatorship prior to the trustee being a trustee where the present trustee was the conservator and spent, moved or squandered all of the money and money from properties but the trust says they are waived from an accounting except by court order? There is evidence to prove prior assets and accounts and bad faith including elder abuse but never prosecuted for or brought to light in the proper manor to change the outcome. The trust does however state that if the trustees act in bad faith that they will be held accountable but the lady died. Can an accounting be requested for the conservatorship period? We have documents that hold firm evidence and witnesses but we do not know how to get help. This woman was literally kidnapped by her family and starved to get her to perish sooner. We need help desperately because this family is wrong for what they did and are doing now to the adopted son who suffers from depression type problems that he is currently collecting SSI from. They are forcing him to move and are threatening to evict him. The property was sold for 4.5 million dollars and this family has been like straight vultures circling this poor lady since I knew her. From the beginning she was having difficulties with them such as when she had a stroke in 2002, her family threw away her clothes from her closet in the garbage so when she came home, she saw they had wrote her off as dead. Her only wish was to die in her home and she was taken against her will to a convalescent hospital and told she would die that week. There are police reports from her caregiver. If brought to light, the people in my opinion should be put in jail. They may have even killed her. the property was sold on a lease option 5 days before she even died at the conversant hospital and no one even came to tell the son or even attended the funeral. They say that there is no money in the trust, that it is property rich and cash poor.
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8 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will have to hire an attorney and support your allegations and receive an opinion. What you related is horrible if it can be proven.
Answered on Dec 23rd, 2013 at 9:57 PM

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Estate Planning Attorney serving Castle Rock, CO
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Contact an attorney who specializes in trust litigation. There are time limits that impact your ability to proceed, you will want to review these limits with the attorney.
Answered on Dec 23rd, 2013 at 9:57 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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This appears to be a duplicate posting. Your action, if any, appears to be against the conservator. I do not see any criminal liability in connection with the decedent's death, absent compelling proof. There may be criminal action if you can prove that she mismanaged the estate and breached her fiduciary duties. You will need an attorney to assist you with this. The conservator is required to file a final account with the court and to serve the interested parties.
Answered on Dec 23rd, 2013 at 9:57 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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You need an attorney. Most give free consultations and can guide you in the right direction. Do it now as things are only going to go down hill from here.
Answered on Dec 23rd, 2013 at 9:57 PM

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Edwin K. Niles
You should talk to a lawyer who does trust litigation. You should file a petition ASAP to force an accounting and removal of the trustee.
Answered on Dec 23rd, 2013 at 9:56 PM

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It seems that you do not have a direct financial or blood-line relationship so have no standing to challenge the situation. I realize you are trying to help out in a bad situation, but the son is the one who must go to a trust and estate attorney and see what can be done now. If he is not willing to do so, then no one would be able to file a lawsuit anyway.
Answered on Dec 23rd, 2013 at 9:56 PM

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Probate Attorney serving New Orleans, LA at James G. Maguire
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You need to consult with an attorney who practices trust laws. This situation is way too complicated to answer in a paragraph or tow.
Answered on Dec 23rd, 2013 at 9:56 PM

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Probate Attorney serving Las Vegas, NV
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It is possible. You should speak with an attorney where the Trust is being administered to address options and cots.
Answered on Dec 23rd, 2013 at 9:56 PM

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