Q: The co trustee is stealing from the trust in New Mexico. Im having trouble getting bank statmnt/proof because law NM
New Mexico only the personal representaive can get bank stmnt
and mecical records I need to get records proof of everything. No probate filed. Quickly disposed of my fathers belonging while Im at burial
A:
I'm sorry to hear about your difficult situation. Dealing with a dishonest co-trustee can be very challenging, especially when it involves multiple states. Here are a few steps you can consider taking:
1. Hire an experienced estate attorney: Given the complexity of your case, involving a trust in New Mexico and your residence in California, it's important to work with an attorney who specializes in trust and estate law and has experience handling interstate matters. They can help you navigate the legal system and protect your rights.
2. Petition the court: In New Mexico, you may need to petition the court to remove the co-trustee and appoint a new one, or to compel the co-trustee to provide the necessary documentation and account for their actions. Your attorney can help you file the appropriate petition.
3. Seek a court order: If the personal representative is not cooperating, your attorney may need to seek a court order to obtain the bank statements and medical records necessary to prove the co-trustee's misconduct.
4. File a police report: If you suspect criminal activity, such as theft, you should file a police report in the jurisdiction where the crime occurred. This can help support your case in civil court.
5. Consider filing a probate case: Even if no probate has been filed yet, it may be necessary to open a probate case to address the disposal of your father's belongings and to hold the co-trustee accountable.
Remember, it's crucial to act quickly to prevent further mismanagement of the trust and to gather evidence while it's still available. An experienced attorney can help you develop a strategy to protect your interests and hold the co-trustee responsible for their actions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
