How can an executor who admits to stealing money be represented by the trust attorney?
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The executor of an irrevocable trust has admitted to one of two trustees and the trust attorney that they took money from the trust. How much money and for what reasons have yet to be disclosed. Bank statements have never been distributed although requested several times beginning in March, 2011. I am of age to take the trust into my own name though have hesitated to do so because of the executor's failure to disclose bank statements and all other records related to trust matters. Her failure to release such documents led me to contact the trust attorney which lead. After contacting the trust attorney, the executor admitted to us both that funds were taken illegally for their own use. I have spoken with the trust attorney who answered many of my questions though is unable to advise on legal actions against the executor because she still serves to represent the executor. My question is this: who is paying the attorney fees and how can I stop the executor from using trust fees to get herself out of this legal predicament? Because we are related, I would like to avoid prosecuting her though it may result in such an action. FIrst and foremost, I would like to make sure she will not be able to use the trust monies to cover up her mess. Again, would like to avoid involving another attorney (who would represent my best interests) though I feel this might be necessary if there is a high probability the trust attorney would be able to defend the executor all the while collecting her fees from the trust.
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Answer:
You can't with out useing another attorney to have Her right as the executor.
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