Legal Question in Wills and Trusts in Colorado

breach of fudiciary duties

What is the usual penality for a personal representative of a trust account if she illegally takes money from the trust account for her own personal use? This personal represenative has no money.....will the court make her pay restitution to the trust (or beneficiaries)?


Asked on 2/04/99, 6:57 pm

1 Answer from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: breach of fudiciary duties

This can be a very serious matter. I recommend that it be brought to the attention of the Probate Court (if in Denver) or the Probate Division of the District Court for the county which has jurisdiction over the trust. Not knowing your position in this matter, it is difficult to respond. Nonetheless, it should be pursued properly. You should plan to consult with a lawyer experienced in handling these matters.

Bernard Greenberg

B.H. GREENBERG & ASSOCIATES

2305 E. Arapahoe Road, Suite 234


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Answered on 2/08/99, 5:09 pm


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