Legal Question in Wills and Trusts in California

My brother in-law is trustee of my husband's family trust. After their mother passed, the trustee's wife and another sister in-law took her jewels from her house for themselves. Is this legal?


Asked on 1/27/13, 10:19 pm

3 Answers from Attorneys

Victor Waid Law Office of Victor Waid

Probably not legal, unless jewelry specifically given to those females by the trust terms; your brotherinlaw as trustee, can be liable for the missing trust property, as he has a fiduciary responsiblility to the trust, to the beneficiaries and to carry out the trustors intent for which if he violates the fiduciary duties, he can be sued by a beneficiary for allowing waste to the trust assets and loss of value.

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Answered on 1/27/13, 11:27 pm
Charles Perry Law Offices of Charles R. Perry

In addition to a claim against the trustee, you also have a claim against the two people who took the jewels.

This type of claim leads to huge animosity within the family. This needs to be factored into any claim you may wish to pursue for the jewels in question. It may be best if the value of the jewels are deducted from the value of the shares given to the trustee or the sister-in-law.

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Answered on 1/28/13, 12:39 am

Both previous answers are correct and as a mediator as well as an attorney I particularly like Mr. Perry's observations. If the jewels are not of significant value, by which I mean many thousands of dollars, it is probably best just to remind the trustee brother of his fiduciary duties and make sure he accounts for the value of the jewels as having been distributed to the beneficiaries whose wives took them. If the jewels are of great value or you have reason to believe that the trustee is engaged in other mishandling of the trust assets, you should meet with an attorney. If I can be of further assistance, I would be happy to meet with you in my San Francisco office.

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Answered on 1/28/13, 8:56 am


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