we have an appointed trustee..I tried many times to tell him and call him,but he ignored my plea for help. My stepsister hid my dad most of the time and now I know why. I beleive the trustee may have been part of this scam. found out later dad was mistreated, but it was after his death. is there anyway the bank is responsible for refunding this money since they were notified by me and by the trustee after he took over the trust, even then monies where still stolen.
Elder Law Attorney
You need counsel with trust and litigation experience to pursue your remedies here.
The key to trusts is that we give the trustees wide discretion to carry out trust purposes - that's necessary so that folks will create trusts using people in whom they have confidence.
The flip side is that someone who violates their high duties as trustee for honesty and integrity - that person is in for a world of hurt.
Get yourself an estate litigation attorney immediately. These people violated fundamental trust rules of honesty and fidelity. You should have the attorney pursue recovery of the monies stolen, a complete accounting and the removal of the trustee. For the usual grounds for removal, please see my article entitled Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_Trustee_PA_Probate_law.html. Even though it relates to PA most states use similar tests for removal.
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