Q: My dad left an irrev. trust&my sister & I are co-trustees. Everything's split 50/50.Is it legal for her to take things
My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there is no communication between the two of us.
If she is ordered to account for assets how do we know she is honest in reporting? Couldn't she simply leave out the assets that she took (Car, My mother's china ,TVs etc) Do I have to use the lawyer who wrote the trust or can I get my own
A: Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.
A: There are 2 issues raised by your question. The first one is concerning the terms of the Irrevocable Trust- is your sibling co-Trustee and also a co-Personal Representative under a Will? A Trustee has fiduciary duties and cannot self-deal without incurring liability for misconduct which is the situation you have discussed. However, there is also a duty on your part to make sure that the estate is kept in order and not diminished without justification. Therefore you may need to pursue an Equity proceeding against your sibling to seek recovery of the loss to the estate if it is feasible.
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.