Legal Question in Wills and Trusts in Minnesota

Trustee Malfeasance

My husband had a 1/4 interest in aTrust ($79,000) that was set up along with three of his siblings and his parents approximately 4 years ago. His sister was appointed trustee. We have found out that she used all the money in the trust within the first eight months to purchase a van for the parents, $10,000 was given to her out of the trust by the parents for handling the trust, and she states that the other money was used to pay medical expenses (however, there is no proof that the money was spent on medical expenses because there are no checks written out from the trust - the money was wired out to another account. At this time we do not know where the money was wired. None of the siblings gave her the authority to take money out but she has now convinced all of them that she needed the money for medical expenses. My husband is leary and wants to be able to see all affairs of his parents as this same sister in the power of attorney. My husband believes she took the money for her own gain. What would be the correct action at this point. Should a civil action be brought and is there enough evidence for a criminal charge as well? Thank you!


Asked on 12/29/03, 4:57 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Trustee Malfeasance

As I understand it, you can bring legal action for an accounting of what the trustee has been up to. Is that a good idea? I can't tell from the sketchy info you have provided. Best consult an attorney and tell the whole story. A consult fee of $200 or so would be well worth it.

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Answered on 12/29/03, 6:30 pm


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