Legal Question in Wills and Trusts in Alaska

I was left money in the tune of $100,000 in a trust to go towards my education when I turned 18 by my step-father before he passed away when I was 14. My mother, his wife was executor of the estate. She spent the money before I even turned 18. From what I remember, we were at a car lot when I was 15 and she wanted to buy a really expensive car which was about $40,000. She brought a legal document for this trust and told me to sign it so she could buy the car but she would pay the money back later. I trusted what my mother said so at age 15 I signed it. Well she never paid it back and I never received the money. She also spent the rest of the money, I have no idea how she was able to do this but all this was done before I turned 18. I am now 26 and in college paying for it out of pocket myself because this trust is gone. Is there anything I can do about this legally? Thanks

Asked on 6/03/12, 9:47 am

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

Sure. It appears that she may have done several things that were improper.

One would have to review the documents to see exactly whether she breached her fiduciary duties toward you. But in general, a 15-year old does not have the capacity to sign a legally binding document. So I would want to know what this document was that she made you sign.

If there was a required bond she was required to post when she applied to be appointed personal representative of the estate, it may be possible to make a claim on that bond.

If you would like me to look into it, please get a copy of the probate file and send me a copy. I would be happy to review it and see where to go next.

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Answered on 6/03/12, 7:22 pm

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