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Lv 5
? asked in Politics & GovernmentLaw & Ethics · 2 months ago

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.

7 Answers

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  • 2 months ago
    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.   

    Source(s): life
  • Anonymous
    2 months ago

    If mom got to the point she could not make decisions for herself, her guardian had the right to change any provisions.  Sometimes it is not possible to keep a person out of a nursing home.  And the trustee couldn't have put mom in a nursing home.

    Your mom could put herself in if medically indicated.  A GUARDIAN could.  Or Adult protective services could.

  • Anonymous
    2 months ago

    There are no potential consequences for the trustee unless s/he violated his/her fiduciary responsibility.

  • 2 months ago

    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?

  • 2 months ago

    That would be very, very situation specific.  

  • Anonymous
    2 months ago

    Nope.  They have to act in her best interest even if it isn't what she necessarily wanted.  No one wants to be in a home, but sometimes they NEED that level of care.

  • Mark
    Lv 6
    2 months ago

    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.

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