What do I do if the trustee is in breach of trust
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What do I do if the trustee is in breach of trust
My aunt is in breach of trust. I don’t know what to do. The trust is held in
Nevada as far as I know. I live in AZ and my aunt lives in CA. What steps do I
need to take to get my inheritance?
Asked on August 7, 2019 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You need to bring a kind of legal action traditionally called an action "for an accounting." It is brought in county court--you may have to do so in the county in NV wherein the trust is held--in the part of the court traditionally called the "chancery division" or "general equity." In it, you ask the court to make the trustee "account for" her actions. If the trustee is violating either the instructions of the trust or her "fiduciary duty" of loyalty to the beneficiaries, the court can order the trustee to do or not certain things, or to repay any money she improperly took from the trust, or even replace her as trustee. A trusts and estate attorney can help with this legal action.
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