Legal Question in Wills and Trusts in New Jersey

Inheritance

My father died in 1981 and my

mother, in 1991. My sister and I

were left a substantial amount of

money, but we were both under 18,

so the money was left to our

guardian and trustee, my uncle, my

mother's brother. We have no idea

how much was left to us and I know

he used most of my portion to pay

private college tuition. My sister had

over 95,000 left to her, which she

was to get when she turned 25.

Before she received it, my uncle

received a faulty property investment

tip that apparently all dentists were

making at the time. It is now a class

action lawsuit, but nonetheless, he

lost all of the 95,000. This was in

1995. He has done nothing to

remedy the situation and he is using

her money to pay the lawyers

involved in the class action lawsuit.

Isn't there some legal recourse my

sister can take? Since they money

was in his care and his responsibility,

shouldn't he be making some kind of

attempt to pay her back? And is it

legal to use her money to pay

lawyers for a mistake that he made?


Asked on 5/02/08, 4:31 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Inheritance

The trustee has a fiduciary obligation to take care of the funds, and to account to the beneficiaries.

Beneficiaries of a will or a trust are entitled to an accounting from the trustee. You should immediately consult an estates lawyer in order to seek an accounting in court.

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Answered on 5/02/08, 4:37 pm


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