Legal Question in Wills and Trusts in Massachusetts

When my father died my uncle opened a children fund for me and my 2 sisters and we never seen any of the money? they spent it on themselves? am i entitled to that money


Asked on 10/07/10, 7:09 pm

2 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

I am really sorry to hear of this. The answer to your question is fairly straightforward: If your uncle was holding funds in trust for you and your two sisters, then he has an obligation to preserve those funds for your collective benefit, and he may not pay himself anything more than a token amount of compensation for administering the trust. Of course, you need to prove that there was a trust established for your benefit.

Misuse of the funds gives you and your sisters the right to sue him under a legal theory known as constructive trust. The key issue in these cases is trying to collect the funds that have been misappropriated. I routinely handle these matters and would be happy to provide a free consultation. I also have a blog on trust litigation attached to my web site, www.lawfang.com, which you should feel free to review.

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Answered on 10/12/10, 7:20 pm

Yes, you should be able to collect the money from your uncle. If you have proof that a children's fund was created you should contact an attorney to discuss your options.

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Answered on 10/26/10, 7:09 am


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