Legal Question in Wills and Trusts in Florida

I have a n irrevocable trust who wachovia was named trustee of. The terms of teh trust stated that I may use the money for "reasonable benefit" as determined by the trustee. I got an aatourney and had the trustee removed (wachovia) and had my eldest sister named trustee. Any witdraw of the money in the trust had to be on her approval and she had to do the transfer. Howerver, an employee at wachovia allowed me to withdraw a sizeable amount of teh trust without my sister's consent or knowledge which I am sure is a vioaltion of the terms of the trust. She was never informed that I was withdrawing the money and when she discovered I had she demanded I contact an attorney and demand wachovia reimburse all money withdrawn without her approval. Is there legal precedence and is WACHOVIia liable for illegally allowing me to access the trust without the trustee's knowledgw??


Asked on 11/07/09, 9:25 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Perhaps, but Wachovia will get the money back from you or sue you for it. You appear to have known that you were not entitled to the money. Return it..

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Answered on 11/13/09, 8:59 am


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