trustee misconduct
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trustee misconduct
can a trustee lend money from my dad’s trust , then say the money will be repaid
to the trust out of her share when my father dies?
Asked on April 22, 2018 under Estate Planning, Montana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The trustee has breached a fiduciary duty with this loan. Your father can sue the trustee for breach of the trust. Your father's remedy in the lawsuit is a constructive trust against the trustee to return the funds to the trust. Your father's lawsuit should also seek removal of the trustee and appointment of a successor trustee. A constructive trust mentioned above compels the trustee to return the funds to the trust.
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