What to do if my mother says that she is Trustee to my grandfather’s will but the Will does not show her at the Trustee?
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What to do if my mother says that she is Trustee to my grandfather’s will but the Will does not show her at the Trustee?
We requested a copy of his Will from the Clerk of the Circuit Court. It does not state she is the Trustee. I know in my grandfather’s Will some money was to be used for my club foot (birth defect). She says no money is left. I am now looking at a surgery my foot doctor says I need. My mom used the money for her daily expenses (food, utilities, etc.) Can I do anything? I do not think she has handled the money correctly and now there is no money left? She was not honest when she reported expenses to the lawyers.
Asked on February 28, 2012 under Estate Planning, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need legal help from some one in your area. What needs to be determined is what her duties were here and if they were that of a fiduciary if she breached those duties. If she was and if she did then she may be held personally liable. She had some fiduciary duty with the Will, correct? That may be enough. Good luck.
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