Legal Question in Wills and Trusts in New York

Hello,

My brothers and I have trust funds for our college education and future expenses that were established by my grandfather. I am of legal age and have been using my trust for all my college and living expenses since I moved out of the house. My brother has a few years left until college and hasn't used his yet, however I discovered that my father has been siphoning upwards of $6000 per month from my brother's trust into his own bank account and using it for unknown purposes. Is this legal, and if not what options do I have? I am afraid he will continue to spend down my brother's trust until he moves onto mine as well.

Thanks


Asked on 5/27/15, 1:14 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Without seeing the trust formation document and what it allows and doesn't allow, this is a difficult question to answer. You may not act for your brother since you are not his parent or guardian. He has certain rights if the funds are being used improperly, but he may need a guardian ad litem appointed to represent him. Someone probably has to demand that an accounting be submitted and if the funds have been used improperly. removal of your father as trustee and requiring him to restore the misappropriated funds. More information is required for a complete answer.

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Answered on 5/27/15, 1:31 pm


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