What do I do if my father passed and left a Trust fund for my brother and I and his sister was the trustee but she spent the money and refuses to speak to me?
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What do I do if my father passed and left a Trust fund for my brother and I and his sister was the trustee but she spent the money and refuses to speak to me?
Asked on September 9, 2015 under Estate Planning, Wyoming
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Sorry to hear about your father.
You and your brother can sue your aunt for her breach of fiduciary duty as trustee. Your lawsuit should seek a constructive trust as a remedy. A constructive trust will require your aunt to return the money to the trust. A constructive trust can also be used to trace the funds to acquisitions made by your aunt in order for the value of those items to be recovered as compensation for the funds stolen by the trustee.
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