Legal Question in Wills and Trusts in Florida
I have an irrevocable trust that was appx 240,000 with more to come. wachovia was named trustee per my mother/s will. i had the trustee changed to my eldest sister 2 years ago. the terms of the trust remained the same. It is a flex trust and states that i have no power to withdraw the principal. However, wachovia allowed me to withdraw most of teh money without the trustee's (my sister's ) knowledge. when she saw the balance in the account she demanded answers. basically, how wachovia allowed me to withdraw the money without her consent. as it stands the beneficiaries of the trust are my siblings or my lineal descendant(s). she asked me to consult an attorney but after discussing the case with them it creates a conflict of interest. she wants to file a lawsuit against them for violating terms of the trust. can you recommend an attorney who is not affiliated with wachovia who would take a case such as this. she wants wachovia to return all money i withdrew without her permission which exceeds 150,000. cn you advise how she or i should proceed?
2 Answers from Attorneys
I suggest you repay the funds.
Wachovia will come after you as well, so there are multiple layers of conflict here. If the funds are still available, you probably should repay them. That is particularly the case if you knew what you were doing was not permitted under the trust.
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