• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

my trust executor bends rules

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DamienStewart

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

My uncle is the executor of the trust my grandfather left me. It states that the money is to be used for college, although my uncle has written me a few checks not for college. He also at one time loaned himself a substantial amount and repaid it. Now he is wanting to cut me off entirely from the trust even though I am in school. I guess my question would be how unethical if not illegal has the executor been? Especially with the loan to himself?What is the name of your state (only U.S. law)?
 


curb1

Senior Member
1) Your uncle is the trustee of the trust, not the executor.

2) Are there any other beneficiaries?

3) Is the amount for you unlimited? How much is designated for you?

4) The trustee is obligated to follow the directions stated in the trust. He, most likely, doesn't have leeway to "wing it".

5) He could easily be acting illegally.

6) You should be checking to see if there is an attorney in your area with expertise in trust management. A letter to uncle would put him on notice to strictly follow the trust.
 
Last edited:

DamienStewart

Junior Member
I am the sole beneficiary, the amount of the trust is now around $23,000. I receive money for tuition and a living stipend. The language of the trust states the money is to be used for education, but not specifically. It seems to give him leeway in deciding what constitutes an education. I believe he may be trying to remove himself as trustee, and possibly reclaim money he gave to me from the trust when I was not enrolled in college. I hope the fact he lent money to himself dissuades him from pursuing that route.
 

tranquility

Senior Member
While there are clearly problems and a possible breach of fiduciary duty, I don't think you'll get an attorney to challenge such a small trust in a trustee issue.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top