Legal Question in Wills and Trusts in Maine
Trustee theft of funds and real estate lein
my mother was the trustee of a trust left by my grand mother . she helped her self to the funds using my ss# she never informed my of this withdrawal i have now been held accountable tax wise and left without the funds can i lein her property? we live in maine.
1 Answer from Attorneys
Re: Trustee theft of funds and real estate lein
A Trustee has a fiducary duty to manage a trust, and depending upon the type of activity that the Trustee engages in, there can be significant criminal or civil penalties. At the very least you have been damaged with respect to tax liability due to the apparant fraudulent use of your SS#. If you are a beneficiary you may also have been damaged due to an improper depletion of the trust assets. In any event you most likely do have a legal cause of action against the Trustee and a lien could be placed upon her real estate. However, you should consult with an attorney to review the actual facts and determine the proper approach. Feel free to call me to discuss specifics at 767-4824. Thanks.
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