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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Post Trustee Misusing Trust Funds

    My question involves criminal law for the state of: CA

    Trustee took control of trust in Dec 2004. In June 2005, Trustee had Trustor sign papers for a home equity loan of 400k. Trustor was not aware of signing for loan in July 2005 when asked. The Trustee was and is a signatory on a joint account with the Trustor, who is 93 and a stroke patient. The Trustee signed the name of the Trustor on more than 200k worth of checks, more than 40k made out to her.

    Is it too late to file criminal charges with the police? Is there a way to get the Trustee removed as Trustee and have the successor Trustee take over? How can the beneficiaries make the Trustee restore the monies to the trust?

    Thanks for your help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Trustee Misusing Trust Funds

    If you believe the funds were misappropriated, consider making a report of elder financial abuse to the relevant county's APS Office.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Trustee Misusing Trust Funds

    Quote Quoting aaron
    View Post
    If you believe the funds were misappropriated, consider making a report of elder financial abuse to the relevant county's APS Office.
    Thanks, I did. They said they said the Trustee was in charge and there was nothing that could be done. Any other adivce?

    Quote Quoting windmill
    View Post
    Thanks, I did. They said they said the Trustee was in charge and there was nothing that could be done. Any other adivce?
    I was told that the trustor had to make the claim, not the beneficiary because the trustor was still alive. Is there anothe way to get this invistigated because the trustee signed the trustors name to the checks? How should I apporach the APS office?

    thanks

  4. #4
    Join Date
    Jan 2007
    Posts
    25

    Default Re: Trustee Misusing Trust Funds

    Do not file with APS

    You can go in a file yourself against the Trustee in Probate

    If the 93 year old was not competent when he signed papers
    to make the Trustee it give this cad authority as Trustee
    he has had it

    The CAD trustee must show that the 93 year old was mentally competent
    at the time the trustor 93 year old gave authority to this CAD Trustee

    He better have neurologist Doc report that the 93 year old was legally
    mentally competent when authority was granted to him

    That is the way I would approach the Probate Court the court will
    say HEY what gives here did this CAD Trustee get his authority
    from a Trustor OLD Guy when the OLD Guy was not competent

    If the Old Guy is not competent NOW and it is possible that he
    was not when the CAD did this well he is in for some serious
    Elder Financial Exploitation

    SKI

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