Washington State Trust Dispute, Jan 29 2015

Has your relative abused their authority as a trustee? Do you know what   remedy you have from trust mishandling and trust misappropriation in West Palm Beach probate court? You may want to see what the Washington Court of Appeals had to say about the matter.

Trust Misappropriations

• Just because a trustee is also one of the trust’s beneficiaries does not mean that there is no fiduciary duty to the other beneficiaries.
• What is encompassed in a fiduciary duty?
• Does it include a duty to be fair to all beneficiaries?
• At what point is taking property as a trustee deemed misappropriations and not just distributions in line with the document?
• Do you know where to find the trust charter that outlines the specifics?
• If your Delray Beach trust has been pilfered or mismanaged by a trustee also serving as a beneficiary you may still have a remedy in West Palm Beach probate court.
• Take a look at a similar case out of Washington State.

In re Estate of Wimberley: Jan. 29, 2015

• Two brothers got into a quarrel over assets in their parents’ trusts.
• Experienced Palm Beach probate litigators know this is a common case – family feud that evolve into probate cases.
• The trial court removed the one brother as the initial trustee, and appointed a new trustee.
• The new trustee conducted a trust accounting and found that the initial trustee had over paid himself by about $260k!
• Do you know what to do if your trustee has over paid himself or herself to your detriment?
• The new trustee petitioned the court to order the prior trustee to distribute the sum back to the trust.
• The court granted the petition and ordered the trustee to give all the money back.
• What happens if the money was already spent?
• Can the trustee be incarcerated for this?
• Palm Beach probate litigators know that unfortunately spent funds are very hard to recover.

Want to learn more?

Check out the entire case by clicking here.