Legal Question in Wills and Trusts in New Jersey
Trustee Misconduct
My grandmother was named executor for my mothers estate and trustee . We agreed to loan money from our trust to her business which she owned along with my mother to help pay some of the debts by drafting promissory notes. In return, interest were to be paid on these loans. For 3 years,she hasn't been repaying these loans. We did take her to court which we came to an agreement for her to pay back the loans. It's been a year since the agreement has been made and she has yet to put any money back into the trust,instead she makes further capital improvements to the company. My question is, can she jeopardize the trust for using it for personal gain and would we be able to seize control of the business since she tells us that we can't get blood from a stone?
2 Answers from Attorneys
Re: Trustee Misconduct
I think I have now hear everything, every situation where relatives can do horrible things to each other fighting over money in a dead relative's Estate. I have handled brothers and sisters who hate each other, second wives fighting first wives and girlfriends, uncles and aunts against neices and nephews, and even a son taking his grandmother's inheritance which belonged to his mother.
But I really never thought I would hear of a grandmother stealing from her grandchildren.
You have a real mess on your hands, and it will be quite a problem to get the money back. You need the expert assistance of a tough, smart attorney who handles Estates and also goes to court a lot.
You are quite far away from my office, so I do not if you want to contact me. But, please, contact an experienced attorney who does this kind of work.
Do it today. You are losing money every day that you let this go on.
Give me a call if you would like. I am in Hackensack, right across from the Bergen County Courthouse. I can speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.
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Re: Trustee Misconduct
It appears you once sued and resolved the matter, although your grandmother has defaulted. You need to contact an attorney and discuss post-judgment relief for a defaulting creditor. If she is continuing to take money from the trust, without your consent and approval, you should also apply to have her removed as trustee, as well as get a judgment to have her restore the funds she has taken.
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