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Trustee issues

Additional Information:

We have my mother’s trust accounting & in the accounting there is major amount of money that can not be accounted for & he can not provide the proof of were the money went & for what it went for. Also 2 of her life insurance policies can not be accounted for either. We know they were pd to the trust because the insurance companies told us. But just like the money it just isn’t there we looked all threw the accounting and it is no where. So at this point we are questioning everything he has done. She lived in a Senior living home in her own apartment & when we started looking at her tax returns from before she passed we noticed his address on the returns for the 3 yrs she lived there Not the Senior living home. Can he do this or does it have to be the place where she actually lived ?

ATTORNEY ANSWER:

It appears that the Trustee of your mother’s trust has committed a breach of his fiduciary duty. You should contact an attorney immediately. The longer you wait, the bigger the change the lost money may stay lost.

What address that is used on the tax return may or may not be an issue. An incorrect address on its face is not evidence of fraud. Occasionally a fiduciary will use his own address for convenience purposes only.

Margaret L. Cross-Beliveau, Esq., LL.M.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts; Quincy, Massachusetts; Manchester, New Hampshire and Salem, New Hampshire.

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