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My dad with dementia,I found out the month he died stepsister had forged many checks in our trust.Bank wouldn't talk to me.

Dallas, TX |

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.

Attorney Answers 3

Posted

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.

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Posted

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.

Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks.
Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

You need to discuss these matters with an attorney licenced in Texas as soon as possible. I would be happy to talk to you today or I can refer you to another attorney.

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