Reno, NV asked in Contracts, Estate Planning and Probate for Nevada

Q: My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust.

My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust. In the original trust, A, he has full discretion over funds. In trust fund B, he does not. He wants to merge trust fund B into trust fund A, so he can steal it.

What I'm curious about is the stated reason given for the dissolution (because saying "I'm a thief" is not really a compelling argument) is that trust fund b has accrued more than the 10,000 dollars slotted to be given to each of the surviving grandchildren. And that excess money "cannot fully be distributed" due to "scrivener's error".

I've never heard of anything like that before, so my question is, is that a real thing?

1 Lawyer Answer
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
Answered
  • Estate Planning Lawyer
  • Miami, FL

A: You should contact an attorney familiar with trusts and estates that can review the two trusts you make reference to and provide legal guidance. You don't mention the type of trust (revocable, irrevocable, etc.), and you mentioned the merging of the trusts and dissolution (of I guess trust B). Why would your wife sign another trust? Is she the grantor of both trusts? There are many unknowns and each trust is different so the only advice that can be provided to you at this point is to have an attorney review both trusts.

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