Trustee breaches and fraud !

[Mas2008]

Trustee breached everything! And the trust council allowed it. Trustee failed to account to 13 out of 15 beneficiaries, she was deceitful in getting all the waivers/release signed by them failing to inform them of her 5% fee when the trust states no more then 1%. She only sent accounting worksheet to myself and one other bene. I objected & denied in writing.. her response to me was too bad .. I am making all the distributions and you will receive zero until you sign the release. She made full payments to all but me and I hired an attorney. He sent one letter to the trust council with my dispute against the trustee ... trust council replied that trustee has an email from the deceased saying she wanted her to have 5% and that that is enough for her to take the 5% and disregard the trust instrument stating 1%. The email in question was provided to me and it was fraudulent, the trustee altered an existing email and I was in possession of the original email to prove it. By the time we responded ..trust council stopped representing the trustee per her fiduciary duty to her client, since she made full distributions only my interest is left ..this was 8 months ago and how can Trust Attorney’s do that. She did agree with me on having Trustee payback $11,050 but then the fraudulent document she created to take 5% compensation I’m left out to dry...trustee won’t do anything until I sign the release.. even tho that doesn’t release her from acts of fraud, she is beyond ignorant. She needs to return $80,000. Including my % gift. I’m going to sue her in civil court. What can I do about the trust attorney who allowed this? Trustee has sent me 4 different accountings not one balanced or is valid...it’s a joke..

 

[Just Blue]

Trustee breached everything! And the trust council allowed it. Trustee failed to account to 13 out of 15 beneficiaries, she was deceitful in getting all the waivers/release signed by them failing to inform them of her 5% fee when the trust states no more then 1%. She only sent accounting worksheet to myself and one other bene. I objected & denied in writing.. her response to me was too bad .. I am making all the distributions and you will receive zero until you sign the release. She made full payments to all but me and I hired an attorney. He sent one letter to the trust council with my dispute against the trustee ... trust council replied that trustee has an email from the deceased saying she wanted her to have 5% and that that is enough for her to take the 5% and disregard the trust instrument stating 1%. The email in question was provided to me and it was fraudulent, the trustee altered an existing email and I was in possession of the original email to prove it. By the time we responded ..trust council stopped representing the trustee per her fiduciary duty to her client, since she made full distributions only my interest is left ..this was 8 months ago and how can Trust Attorney’s do that. She did agree with me on having Trustee payback $11,050 but then the fraudulent document she created to take 5% compensation I’m left out to dry...trustee won’t do anything until I sign the release.. even tho that doesn’t release her from acts of fraud, she is beyond ignorant. She needs to return $80,000. Including my % gift. I’m going to sue her in civil court. What can I do about the trust attorney who allowed this? Trustee has sent me 4 different accountings not one balanced or is valid...it’s a joke..

What is the name of your state?

 

[Dandy Don]

Everything depends on what state is applicable here.

Go ahead and sign the release and get at least part of what is rightfully yours! Signing the release does not mean you agree with or accept everything the trustee has done, and it doesn't prevent you from pursuing further action against her.

Look at the trust document to see if it mentions whether the trustee is required to post a trustee's bond or whether that requirement is exempted.

Does the trust mention a specific percentage or other description of what the trustee fee should be?

 

[Mas2008]

What is the name of your state?

California

 

[Mas2008]

California

There is no “bond” required in the Trust instrument. Under “Compensation “ in the instrument it states, “no more then 1% fee taken without court order.