Trustee and Trust issues. My mom passed recently. The Trustee did not follow the trust, which said " never put her in a home ".?
Since the Trustee did not follow that part of the Trust, are there consequences for the Trustee? Thank you.
Since the Trustee did not follow that part of the Trust, are there consequences for the Trustee? Thank you.
?
Favorite Answer
No. The Trustee is expected to make the best possible decisions, and follow the terms of The Trust as best as possible. Sometimes, this cannot always be done EXACTLY. Did you volunteer to take Mom in at your residence? If you had any objections to how the Trust was carried out by the Trustee, you could have taken the Trustee to Court. Of course, it takes money to pay attorneys to take things to court.
Anonymous
There are no potential consequences for the trustee unless s/he violated his/her fiduciary responsibility.
Morningfox
I would be surprised if the trust really said that. Trusts are for control over THINGS, like houses, money, cars, etc. They do not include any control over PEOPLE. The trustee, acting in that role, would have no power to put your mom anywhere.
EDIT: downvotes? I would if some people don't understand the difference between a trust and a conservatorship?
?
That would be very, very situation specific.
Mark
At this point, no. The time to fight that would have been when she was getting put into a home. The only thing you could have done was fight the trustee in court to have her taken out of the home. If this is about money, they trustee would most likely have spent more money keeping her at home and having to hire people to give her personal care.