Do You Believe Trustee Theft has Occurred?
Under California trust law, trustees have a fiduciary duty to act in good faith with respect to the management of trust assets. When a trustee misappropriates funds from the trust for his or her own benefit or the benefit of another, he or she is committing trustee theft. Trustee theft has a financially and emotionally devastating effect on the beneficiaries of the trust. Fortunately, if the trustee theft can be proven, there are remedies available to beneficiaries under the law.
In order to succeed on a claim for trustee theft, you must prove to the court that the theft occurred. An experienced San Diego trust attorney can assist you in gathering the necessary evidence to support your claim.
Examples of what the attorney may do to prove trustee theft :
- First of all, request copies of the trust instrument and all amendments, if you do not already have them
- Also, request the tax returns for the trust for each year the trust has been in existence
- Request copies of bank statements for the trust bank account
- Additionally, request the accounting statements for the trust for each year the trust has been in existence
- Hire a professional to conduct an audit of the trust assets
- Request that the trustee post a bond to protect the financial interests of the beneficiaries
- Generate a history of any disbursements that you have received thus far in the California trust administration process
- Furthermore, prepare a list of all assets that you believe were held by the trust
- Lastly, hire a professional to analyze what would have happened had the trustee not stolen assets from the trust
For more information about trustee theft, contact our office of experienced San Diego trust lawyers toll free at (888) 443-6590.
An organization (ie:bank) can manage the money or property in a trust usually at a set period of time. They are managed by Trustees and are set up to help better serve the beneficiary’s interests. It is a legal document that tells the Trustee how to specifically handle the money and assets on behalf of the beneficiary according to the Trusts wishes.
A safe guard for the Beneficiaries or Heirs of an Estate from any wrongdoing by the Administrator or Executor that must be in place before the Court grants authority to act on behalf of the Estate. This is similar to an insurance policy, and once the Estate closes the Administrator or Executor may Petition the Court for reimbursement for the premium on the Bond.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307