Legal Question in Wills and Trusts in Georgia

breach of fiduciary duty

1. I have beed receiving monthly trust statements that clearly indicated funds were dwindling in my father's estate for the past 5 years. However, I am just now considering suing heir trustee for money she says she ''borrowed'' for the health and well-being of her family during a time of financial hardship. Is there a statute of limitations in the state of Georgia for this?

2. There are 5 beneficiaries to this particular trust. I am the only one wanting to sue. The other beneficiaries wish to join on the side of the trustee. Can they do so?

3. Also, the other 4 beneficiaires wish to ''forgive'' trustee for any damage done to their inheritance. Can they do so and does this severely limit my course of action?


Asked on 6/28/09, 10:37 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: breach of fiduciary duty

No one here knows anything about the terms of the trust, or many other necessary details. You need to see a lawyer who can review all documents and facts. As for other beneficiaries, I am not sure why you think they would not be able to make their own choices about a lawsuit or anything else. What that means starts with the documents and facts.

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Answered on 6/28/09, 11:28 am


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