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Breach of Trust

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Seeory

Junior Member
What is the name of your state (only U.S. law)? CO

I am a beneficiary to a trust with around $2,000,000. The trustee (my aunt), spent more than $70,000 fixing a house given to her by my grandfather, the testator. The terms of the trust do not say she is allowed to do this, and when I confronted her about the matter she said that my grandfather wanted my uncle to live in the house, which he is and has been, and that the house was unlivable at the time of his death. The accounting for 2007 & 2008 originally showed that the house was part of the trust, so I saw no problem with the money spent on renovations. Recently I received a new accounting statement that showed the house was given to her approximately five years before my grandfather's death. She claims that the accountant made an error on the first accounting statement, however she sent me an email saying that the accounting was taking a long time to complete because she was waiting for an appraisal on said house. I do not have money for an attorney and was wondering what actions if any should be taken. Can I, at a low cost, sue for the money spent fixing the house? Might I win without an attorney? And finally is there any chance this could be considered fraud because the email proves she knew the house was in her name?What is the name of your state (only U.S. law)?
 


curb1

Senior Member
It will be very easy for you to follow the paper trail of the title. Go to your county courthouse and do some legwork. It shouldn't take more than a half hour and it will be free. You will immediately know if she is being honest.

If you are correct about the $2 million, hire an attorney. Why haven't you received the $2 million?
 

Seeory

Junior Member
When the trustee sent the most current accounting statement she sent a copy of the deed showing the property is hers. At first she said that she forgot that the house was hers during a phone conversation. When I asked how she could forget since the property taxes were sent to her every year, she told me to talk to her attorney. He then told me it was an accounting error.

The trust is set up to dissolve thirty years after the testators death, so I do not have access to the money.
 

curb1

Senior Member
$2,000,000 divided by 30 years equals $66,000 per year. Why can't you afford to spend $1,000 for an attorney to set this straight. This should be very simple. Don't let it get out of control. By having an attorney send a letter to the trustee will be on notice to closely follow directions of the trust.
 

Seeory

Junior Member
The terms of the trust state that I may Use money for education and support, not for taking legal action against the trustee. Anyone think I have a chance at obtaining an attorney pro Bono? If I had a criminal case first could it cost less in attorney fees for a civil case? And if I won the civil suit could the recovered amount, partially go toward paying an attorney?
 

curb1

Senior Member
The first thing you need to do is make certain you are correct by getting the title documentation at the courthouse.
 

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