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What type of suit do I file against a trust that owes me money?

Los Angeles, CA |
Filed under: Debt Trustee Trust assets

A Trust was set up by my ex-husband's family with my SS attached to it. Although they say I have no claim to the money in the trust they continue to use my SS number to report dividends, interest, etc. to IRS. Now the IRS thinks I owe them over $35,000. The Trustee ignores my requests for a check (made out to the IRS). I fear I have to file a suit to get the money. What type do I file? (I live in CA, the trust is in WI)

Attorney Answers 4


  1. Best answer

    This appears to be a very serious matter (that could have both civil and criminal ramifications), and you should not try to handle this alone. If the trust was established in Wisconsin (and its holdings are there), I would suggest that you consult with an attorney in Wisconsin who has both estate planning and other tax experience (such as,
    http://www.avvo.com/attorneys/53066-wi-william-swendson-1532988.html).

    You should be prepared to show the attorney the Trust, if you have a copy, and any communications you've received from the IRS that indicate you owe money to the IRS based on earnings from the Trust.

    Good luck!

    Any answer or other information posted above is general in nature and is not intended, nor should it be construed, as legal advice. This posting does not create an attorney-client relationship between you and the posting attorney, and you are urged to engage a qualified attorney who is licensed to practice in the relevant jurisdiction.


  2. Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    This question should be posed to attorneys licensed in the State of Washington. Likely, you have to bring an action for declaratory relief and for indemnity.


  3. We need more information to answer this question. How did your ex husband’s family set up a trust with you SSN? Did you and your husband ever create a trust in WI? Counsel is correct; you probably need to hire an attorney in WI. If you suspect social security fraud, you may want to contact the Office of the inspector general (OIG), see link below.


  4. I’m not sure if you would even need to resort to a lawsuit to deal with this problem.
    Here is a creative solution. If you truly did not receive the income that was sourced to you through the trust (and never expect too), I would have your tax preparer show the income on your return and then use an offsetting deduction in the same amount nomineeing the income back to the trust Employer Identification number. The return will pass the CP2000 matching done by the IRS and FTB and you will have properly referred the taxing authorities back to the source of the income.
    If you really want to sue – you would bring a suit against the trustee in probate court. A lot could be done with having an attorney – such as myself contact the Trustee to hammer out what the problem is… I would take no action without first doing this…

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