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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Trustee Sibling Refuses to Distribute Trust Funds to Beneficiary

    I have questions regarding VA laws for breach of fiduciary duty and Statutue of Limitations for Petitioning the re-dress of a Trust. Our mother died Sept 2008. I am one of four beneficiaries of her RL Trust, which contained a home she owned. She gave each of us a copy of the Trust so I'm clear on my position as an equal beneficiary. Brother and I were named Trustees but soon after her death HE and two other siblings retained a lawyer to remove me so that HE was the only Trustee. I was notified of removal by their atty, who indicated I had no choice but to resign and if I fought it it THEIR legal fees would be taken out of MY SHARE of Trust proceeds. I consulted mother's Trust atty who told me to RESIGN AND LET BROTHER HAVE THE RESPONSIBILITY and try to work things out! Brother took over as Trustee Jan 2009. Because brother has refused to communicate since his appointment, I've sent a certified letters requesting a information about the Trust management, expenditures, etc., but HE HAS NOT RESPONDED! I just learned from a reliable source that he SOLD mother's home last April and distributed all proceeds with other siblings and has NO INTENTION of surrendering my share (at least 40K) or giving me an accounting of the Trust. Please advise!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trustee Sibling Refuses to Distribute Trust Funds to Beneficiary

    You should retain a lawyer to help you obtain an accounting and, if necessary, to litigate to get disbursement of money you are owed and/or for a change of trustee. There seems to be a lot of history here, and this doesn't appear to be a "do it yourself" project.

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Trustee Sibling Refuses to Distribute Trust Funds to Beneficiary

    Mr. Knowitall:

    Thanks for the input. I have an appointment this week for a free consult. I am well-prepared to provide all documentation to support my case of what I believe to be a severe Breach of Fiduciary Duty and Misconduct. Should you know an attorney who practices in "Trustee Litigation" cases in my area (Va Beach, VA) I would greatly appreciate a referral.

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