Legal Question in Wills and Trusts in Illinois

can a sibling who has power of attorney use money in the trust for his own personal gain


Asked on 12/26/10, 10:25 am

2 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

No. For two reasons. Money in a trust is under the control the control of the trustee, not the agent under power of attorney.

But in any case, it is a serious breach of the sibling's duty to the principal to self-deal in assets under the sibling's control. The sibling's duty of undivided loyalty is to the principal. He cannot use the assets to enrich himself.

Happy New Year!

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Answered on 12/31/10, 11:17 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Certainly not. While a trustee or agent may be entitled to a reasonable fee for their service, he cannot simply spend another's money on himself. If you suspect wrongdoing, you should talk to a lawyer. Feel free to call me for a free consultation.

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Answered on 1/04/11, 10:10 am


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