Legal Question in Wills and Trusts in California

Re: Trust administration

I recommend that you take immediate action, if you want to have a chance for the trust to recover the money improperly taken as you allege. This is a practical answer, the statute of limitations depends upon the cause of action alleged and starts to run when you discover the wrongdoing.

You mention that a co-trustee took the money, where is the other co-trustee? It is that person's duty to go after the money taken, and if that trustee does not act, then any of the beneficiaries/or all of them can take action against both trustees.

Re: Trust administration

Several issues are raised by this question. The first issue is whether and when the co-trustee and/or beneficiaries had reason to know about the theft by the trustee.

Second, if the discovery was just made, immediate action should be taken to remove the wrongfully acting trustee and prevent him/her from taking further funds that belong to the trust. This could be done by injunction in the local court.

Third, action may be appropriate against the "innocent" co-trustee for failing to properly act to limit the theft by the other trustee, assuming that you are not that co-trustee.

I recommend you immediately consult with an attorney in the area to review documentation and discuss options.

If you are the co-trustee you should immediately consult with a local attorney to discuss your options.

Delay could be fatal to any claim and/or recovery.

I would be happy to discuss this matter if the trust is under California law.