Legal Question in Wills and Trusts in California
how does a person ask the Trust institution to investigate fraud and failure to
Who or how does a beneficiary report malise,discrimination, fraud commited against a beneficiary that no financial provisions for legal representation was provided for in a Testimentary Trust of Interest & Income if complied with stipulations otherwise it converts to a Discreationary Special Needs Trust. That has denied any financial funds unless we give them Conservatorship and relinquish all her rights to control her life totally. We have been her sole provider except for the SSDI Benefits of $1029 after Medicare cost $348.in Medication that keeps her alive leaves $613mo. She's has a rare disease needs a liver. Trustee and Attorney lied to the family that they postponed the yearly court date to contest their neglience, have not paid a dime for her care in two years with lies to court. Her father left 50% to his only child when she dies his sister and nephews will receive her money. Two years she has been denied Special Needs the have not mailed any of her Family the yearly Financials Reports.The step son Executor and five children get full benefits. My daughter has almost died twice not even a phone call from the Trustee or Executor or Attorney but reap full benefits for providing nothing to the one that needs it. Help Please
2 Answers from Attorneys
Re: how does a person ask the Trust institution to investigate fraud and failure
Are you pursuing this with an attorney? It sounds like something that could be worked out in mediation, but that wouldn't take place unless the specific issues are before a court.
It's difficult to say more without seeing the trust and knowing the situation, but special needs trusts usually give a lot of discretion to the trustee, in order to avoid triggering ineligibility for SSI and/or Medi-Cal. Still, the trustee should probably not be demanding to be conservator before any trust funds are released.
Re: how does a person ask the Trust institution to investigate fraud and failure
If you believe that a trustee is committing fraud, you will need to file a petition asking that the court take control of the trust and possibly force the trustee to prepare an accounting. See an attorney for further assistance.
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