Estate law/breach of fiduciary responsibility
My brother and I are both Co-Trustees of our parents Trust monies. He has taken money from the Trust and bought himself a home. He claims they ''gifted'' him the amount (they are legally ''incompetent'') because he asked for the money. Is this a breach and what is my recourse? Thank you.
2 Answers from Attorneys
Re: Estate law/breach of fiduciary responsibility
What you describe is a serious breach of fiduciary duty by your co-trustee. There may be remedies available through the courts. I would suggest that you consult an Elder Law attorney to review the details and advise you as to how to proceed.
Re: Estate law/breach of fiduciary responsibility
Sounds like financial elder abuse. You might want to consider opening a conservatorship and file an elder abuse petition. Might also consider filing a petition to remove him as co-trustee. You should definitely take it up with an attorney in person.
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