Q: Steps to recover withheld funds from a trustee in Colorado.

A: If a trustee in Colorado has withheld funds, failed to provide timely distributions, and offered no valid justification under the trust terms, you have the right to challenge their actions. A trustee has a legal duty to act in the best interests of the beneficiaries and to carry out the terms of the trust with transparency and fairness. Holding funds for over a year without disclosure, failing to explain delays, and retroactively claiming rent years after occupancy—especially without prior notice or agreement—can indicate a breach of fiduciary duty.

To begin, your ex-wife should submit a formal written demand for a full accounting of the trust’s financial activity from the date of the sale, including the exact basis for the fees and rent deductions. The trustee is legally obligated to respond. If he refuses or provides incomplete information, your ex-wife can petition the probate court in Jefferson County to compel an accounting, remove the trustee, and seek recovery of withheld or misappropriated funds. The $38,102.93 taken as “counsel fees” must be tied to actual legal work performed for the benefit of the trust—not personal or retaliatory claims.

Since the matter involves significant funds and potential abuse of power, continue communicating with the District Attorney’s Elder Abuse Unit. Their involvement signals that the trustee’s conduct is under scrutiny, which strengthens your ex-wife’s position. This is about enforcing accountability, restoring what is rightfully hers, and ensuring the trustee is held to the legal standards imposed by the trust and state law. Do not accept silence or excuses—demand transparency backed by evidence.