The trustee in a family trust (inheritance) has been routinely stealing from a trust that involves rental properties and land. They have occasionally provided limited statements from an accountant over the last two years and they do not consistently report rental payments (although the property has been occupied for years). They have taken items (furniture, equipment) without including them in statements of assets. They purchased cars that were included in the assets for a fraction of the Blue Book value. A conservative estimate would be that they have stolen from $50,000 to $75,000. They refuse to respond to calls, letters, or e-mails or communicate in any way with the beneficiaries. No annual report has ever been provided and they are not distributing any dollars to the beneficiaries.
Very, very rarely will a prosecutor file criminal charges on these, but you can try. Usually, a civil action is the way to address this situation.
The comments listed here are of a general nature and should not be understood to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am licensed in Iowa and to become your attorney, I need to understand the particular facts and circumstances of your legal question and, in all likelihood, need to either meet with you personally or in a fairly detailed conference call.
A civil action is most likely the way to recover assets or remove the trustee. Talk to an attorney regarding your specific facts soon because often if the money gone, spending money to get a judgment is not worth it since you may not be able to recover any actual payments.
Hi there, I agree that the way situations like the one you describe are usually handled is through a civil proceeding. If you need assistance with your matter, you should contact a local attorney to assist you. Avvo has the "Find a Lawyer" tool you can use and narrow your search by area of law and geographic location. Or, you can contact the local bar association for a referral. Best of luck to you.
Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.
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