Kansas City, MO asked in Contracts, Banking, Estate Planning and Family Law for Kansas

Q: I think I need to Sue my mother for Breach of Trust, for mishandling my Irrevocable Trust.

She either dissolved my trust fund, or removed me as beneficiary? She provided me with no paperwork, at the time she handed me $7000.00 check, and told me the money was gone. Which I know, IS Not True; my Trust was $250,000.00 and I Definaty did NOT spend all that money!! Also, I noticed in public records, that Very soon after she gave me the $7,000.00 "final check" Her Personal Property, her House, all of a sudden shows as being, owned by a trust. Problem is, my Grandpa didn't give her any money in a trust! I'm Certain, she stole my money. :-( I need a lawyer that expects no money up front, as since she did that, I've lost my house, I've lost my vision, and a whole lot of other bad breaks, have befallen me. :-(

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.

To prove a breach of trust, you will need to demonstrate that your mother had a legal duty to act in your best interest, that she breached that duty, and that you suffered damages as a result.

If you decide to pursue legal action, it is important to gather any documentation or evidence that you have related to your trust, such as account statements or communication with your mother. This can help your attorney build a strong case on your behalf.

Regarding the issue of attorney fees, many attorneys offer free consultations and may be willing to work on a contingency basis, meaning they only get paid if you receive a settlement or award in your favor. You can inquire about this during your initial consultation with an attorney.

It is important to act quickly, as there may be a statute of limitations for bringing a legal action for breach of trust. A trust and estate attorney can help you navigate the legal process and advise you on the best course of action for your specific situation.

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