Legal Question in Wills and Trusts in California
Special Needs Trust investigation
My mother has a special needs trust in which I am the trustee. I wish to move her money to an (safe) investment account (and not use it), but I heard that there is something called fiduciary abuse investigations. Under what circumstances would an investigation take place and who would have to start the investigation and what would ''they'' be looking for? Thanks.
1 Answer from Attorneys
Re: Special Needs Trust investigation
A fiduciary is required to use the highest level of good faith in handling trust funds. You need to make sure that your understand the purposes of the trust and faithfully carry out the purposes to the best of your ability. You could be sued for breach of fiduciary duty by a beneficiary, or a Government agency giving benefits to your mom, or even a criminal prosecution agency if there were suspician of criminal conduct.
You probably have the right under the trust agreement to hire legal counsel in carrying out the duties of the trustee, and should use the right if you are in doubt about what to do and how to proceed.
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