Legal Question in Wills and Trusts in Missouri

My trustee is in NJ and I live in MO. The trust was set up by my mother during end stage brain cancer. The trustees are mishandling the funds. Do I have any recourse and can my funds be used for the trustee's defense. Thank you.


Asked on 11/26/10, 5:40 pm

1 Answer from Attorneys

Richard Herndon Richard J. Herndon, Attorney at Law

As with most questions, the answer is "it all depends". In your case, what do you mean when you say "The trustees are mishandling the funds". Are they stealing them? Unwise investment decisions? Refusing to distribute to you? If this simply your opinion, and an opinion as to which reasonable people may disagree? If the trustee has breached their fiduciary duty you absolutely have recourse. When you say "can MY funds" be used for the Trustee's defense, do you mean funds in the Trust? Perhaps, initially. Again, "it all depends". You need to see a lawyer -- and soon, if your allegations have merit.

Good luck.

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Answered on 12/02/10, 6:15 am


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