- Jurisdiction
- Massachusetts
Is a Trust that is predicated upon false information verified as lies given me by the designated Trustee of said Trust valid? Do lies and false information deliberately promulgated by the Trustee constitute a Breach of Fiduciary Duty in which case, do I have a legal right as beneficiary to claim the corpus of the Trust be released to me? Do deliberate lies and deception constitute financial and/or elder abuse?
Since 2007 when my mother died, my father began issuing me monthly checks from his personal checking account. At times he claimed to "administer" a Trust but when I asked him for details for my own financial needs and why the checks came from his personal checking account, not from a Trust, he would insist there was no trust. He would become defensive if not abusive and refuse to answer. This same scenario went on until this past July.
On July X, 2023, I received an email from a Ms. Smith at Anytown Bank (whom I never heard of) stating:
"I understand your dad has advised you that he has removed Xfield Savings Bank as trustee and appointed Anytown Bank as the trustee."
My dad had never advised me of any such thing.
I then learned, upon phoning Xfield Savings Bank, according to Jane Doe at Xfield Savings Bank Trust department that my father never set up a Trust there; so Ms. Smith's statement from Anytown Bank was/is a lie. Since 2007 when my mother died I repeatedly asked him for information about the money he distributed from his personal checking account, not a Trust account, which he refused to answer. He knowingly lied to Anytown Bank about a Trust he claims existed knowing it did not which indicates dementia which Ms. Smith may be taking advantage of.
I made clear to my "dad," Ms. Smith, and his attorney that because of the deception I wanted nothing to do with this "Trust." Unbeknownst to me, last October my father proceeded to fund this Trust after I stated the reason why I was uncomfortable with the lies and that I did not think it prudent to do business with people who are not trustworthy. It seems Ms. Smith acts in her own best interest, not mine nor my father's. As of November 1, the monthly checks my father had "administered" for the past 15 years stopped.
I have not signed any of the documents or provided the identification the Trustee requests because of lies and what seems a Breach of Fiduciary Duty on behalf of the Trustee. This has to do with many unresolved issues and unanswered questions having to do with nefarious activities surrounding the distribution of my mother's estate* after my father admitted to embezzling my inheritance. This is creating tremendous financial hardship for me. I am 66 years old.
What legal recourse is there for me to secure the corpus of this Trust or, if I sign UNDER DURESS what might my legal recourse be to break and secure the corpus of the Trust? I am trying to find an attorney who will work with me on a contingency basis to negotiate payment.
Thank you for your help.
*A few years after her death, I learned that my father filed an outdated Will (1983) at Probate when my mother died and the last Will she did (1999) seems to have disappeared. The Attorney who did that Will, after I asked him for 2 years where it was, at last claimed there was a flood in his basement and all of his records were lost. When I asked him if he could provide proof of the flood he refused to answer.
Since 2007 when my mother died, my father began issuing me monthly checks from his personal checking account. At times he claimed to "administer" a Trust but when I asked him for details for my own financial needs and why the checks came from his personal checking account, not from a Trust, he would insist there was no trust. He would become defensive if not abusive and refuse to answer. This same scenario went on until this past July.
On July X, 2023, I received an email from a Ms. Smith at Anytown Bank (whom I never heard of) stating:
"I understand your dad has advised you that he has removed Xfield Savings Bank as trustee and appointed Anytown Bank as the trustee."
My dad had never advised me of any such thing.
I then learned, upon phoning Xfield Savings Bank, according to Jane Doe at Xfield Savings Bank Trust department that my father never set up a Trust there; so Ms. Smith's statement from Anytown Bank was/is a lie. Since 2007 when my mother died I repeatedly asked him for information about the money he distributed from his personal checking account, not a Trust account, which he refused to answer. He knowingly lied to Anytown Bank about a Trust he claims existed knowing it did not which indicates dementia which Ms. Smith may be taking advantage of.
I made clear to my "dad," Ms. Smith, and his attorney that because of the deception I wanted nothing to do with this "Trust." Unbeknownst to me, last October my father proceeded to fund this Trust after I stated the reason why I was uncomfortable with the lies and that I did not think it prudent to do business with people who are not trustworthy. It seems Ms. Smith acts in her own best interest, not mine nor my father's. As of November 1, the monthly checks my father had "administered" for the past 15 years stopped.
I have not signed any of the documents or provided the identification the Trustee requests because of lies and what seems a Breach of Fiduciary Duty on behalf of the Trustee. This has to do with many unresolved issues and unanswered questions having to do with nefarious activities surrounding the distribution of my mother's estate* after my father admitted to embezzling my inheritance. This is creating tremendous financial hardship for me. I am 66 years old.
What legal recourse is there for me to secure the corpus of this Trust or, if I sign UNDER DURESS what might my legal recourse be to break and secure the corpus of the Trust? I am trying to find an attorney who will work with me on a contingency basis to negotiate payment.
Thank you for your help.
*A few years after her death, I learned that my father filed an outdated Will (1983) at Probate when my mother died and the last Will she did (1999) seems to have disappeared. The Attorney who did that Will, after I asked him for 2 years where it was, at last claimed there was a flood in his basement and all of his records were lost. When I asked him if he could provide proof of the flood he refused to answer.
