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Can we request she be bonded due to a flight risk?

Bloomington, IN |

We have good reason to believe that the POA/Trustee (our sister) has stolen money from our fathers estate. She has admitted to borrowing money from the estate while she was the POA. She has mentioned lately about moving out of the state. Is it to late to ask the court for her to be bonded? We are looking into taking her to civil court soon.

Attorney Answers 3

Posted

Not sure if bonding is the issue so much as having her removed if she is in fact doing what you say. You probably need to hire your own lawyer to compel her to provide an accounting of her work as POA and trustee and perhaps ask for her removal.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

Yes, you can; AND you can demand an accounting. Do those things immediately. You can petition for her removal AFTER you get an accounting showing her misdeeds.

You really must have adequate legal representation. While you and the other sibs will have to advance some legal fees, it is likely that you will have those fees reimbursed from the trust property. I am available for this professional engagement, but in any case, get thee to an experienced trust admin/litigation attorney ASAP!!!
veRONIca jarnagin, atty, pc
317-253-7664

veRONIca jarnagin, atty, pc 317-253-7664 provides this response as general guidance and not specific legal advice. If you wish to receive specific legal advice for your situation, please call to schedule an appointment.

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Posted

Good answer from Ms Jarnagin but you mentioned an estate. If there is already an estate opened then you would be asking for the bond and the accounting in the estate. Take the advice to hire a lawyer, and do it fast.

No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.

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