Legal Question in Wills and Trusts in California
theft of a trust fund
My son died and as a result his children received $79,000.00 paid by workman's comp. A check was issued to their mother as trustee of these funds. They were not married so she did not benefit. The children were to collect each of their share as they reached 18 years old. Their mother put the check in her checking account and has spent every dime of this money. On her bills, her new truck, her new boat, her new wave runners etc...Is there some way a lien can be put on her house to secure the children's money?
2 Answers from Attorneys
Re: theft of a trust fund
A lawsuit would be required to prove that 1. she was the trustee, 2. that she violated her duties as a trustee, and 3. to obtain a judgment that would allow you to execute a lien to the property or other collection measures.
Re: theft of a trust fund
If there is still time under the statute of limitations, a lawsuit against her as trustee would need to be filed to recover the money. The trust may have had a bond to recover against, but if not, recovery would be against her assets. This sounds like a breach of fiduciary duty, but see a probate litigation attorney quickly before any deadlines pass.
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