Anoka, MN asked in Wrongful Death and Probate for Minnesota

Q: Is there legal action we can take regarding our Trustee tampering with our side and not doing her job?

So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should be split up. She coordinated with only one side of the family when deciding how it should be split up and didn't notify any of us when sending it to the court system. With that being said everyone on our side of the family sent in what we think it should be with our reasonings. Then once she found out we did that she rewrote hers and bashed us entirely and screwed the values even more. Is there anything we can do for the Trustee using her emotions and selfish motivations when deciding values to make it right and help us we on our side with the judge?

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1 Lawyer Answer
Robert Kane
Robert Kane
  • Estate Planning Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to "one side of the family." There are different ways to approach the situation. The circumstances would dictate the appropriate approach. It may begin with a request for an accounting and then the need to file a petition with the court. Without knowing the trust language or the trustee's acts it impossible to offer advice. It seems the trust is under court supervision, so this would be a factor.

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