What do I do if the trustee is in breach of trust

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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