Legal Question in Wills and Trusts in Indiana

breach of fiduicary duty, theft of assets

My brother-in-law was POA and trustee of my parents trust. Mom died Oct 04 dad died June 05. I never saw any of my parents legal or financial or personal papers. Now everything I ask about he says ''dad gave it to me.'' I wasn't even included in going through their personal belongings. The trust states''everything is to be divided equally, share and share alike.Do I have any rights as a beneficiary?


Asked on 8/26/07, 8:44 pm

2 Answers from Attorneys
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: breach of fiduicary duty, theft of assets

Yes, you have rights. You should consult with an attorney.

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Answered on 8/27/07, 7:45 am
C. David DuMond Law Offices of David DuMond

Re: breach of fiduicary duty, theft of assets

I am sorry for the loss of your parents and further for the suspicious and greedy behavior of your brother. You should retain an attorney to investigate how your brother acquired "everything." A person who is the attorney in fact under a Power of Attorney is a fiduciary who may not employ his office to change things for his own benefit. Even if your father did the changing himself, it may have been a case of undue influence or fraud. The fact that the trust states everything is to be shared equally is strong evidence in support of your rights. Good luck.

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Answered on 8/26/07, 9:04 pm


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