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trustee misconduct result in probate?

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Thimmesch1

Junior Member
What is the name of your state? Minnesota

Hi

Me and my sister are co-trustee & co executor to my fathers estate .(revocable trust?)
He is in a memory care unit of a nursing home & can no longer function responsibly.
My sister has been paying all bills & in control of finances.
My Brother was having a hard time financially & approached me & said that my sister said that he could take a loan against the estate (dads money) . I said no that is not possible then called my sister and she said she never told him he could have a loan.
Upon a financial review I found some unexplainable transactions,
approx 6600.00 in cash withdrawals.
a check for 18000.00 made out to my sisters husband.
A check to my brother for 1100 (the loan she said she wouldn’t do),
3300 in gas.
I asked her what the 18000.00 check was for & she said she thought she would take an interest free loan.
785.00 check to sears saying he bought shades
At this point how should I proceed? Is it possible that her actions can put the whole estate into probate?

Thanks for any help, I will be retaining a Lawyer soon
 


anteater

Senior Member
Why did you put a question mark after revocable trust?

Is it possible that her actions can put the whole estate into probate?
Assets that are part of a trust are administered by a trustee (or co-trustees) according to the provisions of the trust document and, generally, outside the supervision of a court. I don't know how MN law works, but, in many states, if there is a need for court action regarding a trust, the state's probate courts handle the case.

Upon your father's passing, any assets that are not part of the trust will need to be administered as part of his probate estate.

At this point how should I proceed?... I will be retaining a Lawyer soon.
Well, it looks like you have decided how to proceed. I'm sure that the attorney will explain your options.
 

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