What can beneficiaries do about a successor trustee who is hiding assets and converting Trust Fund for her own personal use and other things?

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What can beneficiaries do about a successor trustee who is hiding assets and converting Trust Fund for her own personal use and other things?

My father died and his Will and Trust makes my sister successor trustee for her and the 4 other beneficiaries. She is unwilling to work with us to distribute possessions, to pay his expenses, hiding assets and converts Trust money for her own personal use and other things. I need to speak with a probate attorney. I’m in St. Louis County, MO.

Asked on November 23, 2011 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, indeed you do.  You need to seek help to remove her as the Trustee based on what sees to be a breach of her fiduciary duty as well as a whole host of criminal offenses here.  She has stolen from the trust, converted trust assets, breached her duty to the beneficiaries - the list goes on and on I am sure.  I would contact your local Bar Association and see if they have a referral service or ask around and seek help from some one who comes recommended to you.  You need to make sure that you seek an accounting of all transactions that have occurred while she has been the trustee.  Please note that she can fight you with the trust funds.  But you may be able to recoup those as well.  Good luck.


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