Legal Question in Wills and Trusts in Oregon
Trustee legal liability
My grandmother passed away last june and I was the trustee of her income cap trust she had for medicaid reasons my question is just before her death the state of Oregon senior & disabled services hired a attorney because they thought I was abuseing my grandmother financially & physical this attorney was able to get a court order frezzing all assets of my grandmothers until we whent to court in doing so a nummber of checks did not get paid these were checks for her meds food ext now I'm being sued for writeing bad checks can I be held liable for these checks I wrote the checks as trustee of her income cap trust
1 Answer from Attorneys
Re: Trustee legal liability
It depends on how you set up the checking account for your grandmother's income cap trust. You have not provided enough information in your e-mail to determine where the liabilities lie.
If you are now getting sued, it is imperative that you get an attorney right away to review all the documents relating to the income cap trust and the lawsuits. That attorney will need to file responses to the lawsuits. The attorney will also need to look at the state's claims against you, since you say that the state has an attorney looking at how you handled this income cap trust.