Legal Question in Wills and Trusts in Arizona

Family Trust and Trustee

There is a trustee and a co trustee, the trustee has stolen about $385,000. from the beneificiaries, i being one of them, and is not disbursing the funds, she ignores letters from attorneys, and one of the benefiiaries is dying, and his family will not get the money. Can the co trustee remove the trustee, themselves, and if so how, and how would he obtain the assets the trustee has now.


Asked on 2/28/08, 5:28 pm

2 Answers from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Family Trust and Trustee

The trustee and co-trustee, and each of them, owe all of the beneficiaries a fiduciary duty of fidelity and honesty, and must only act in the best interests of the beneficiaries of the trust. If a trustee is taking assets or income, you must take action immediately to bring the trustee before the court, the Probate Division of the Superior Court, where you can seek an accounting, removal of the trustee, and sanctions against the trustee who has breached its duties. The co-trustee may be liable for what the other trustee has done as well.

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Answered on 3/02/08, 11:59 pm
Brian Blum Blum Law Office, PLC

Re: Family Trust and Trustee

As a beneficiary, you have the authority to hire a lawyer and file a lawsuit against the trustees. I suggest you talk to a lawyer immediatly.

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Answered on 2/28/08, 6:03 pm


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