Trustee Removal | Fraud & Undue Influence


Substantially unable to resist fraud or
undue influence. Again, this has to do, I see, more often times with individuals.
And it might be that you know that in fact so much of this litigation is
associated with substance abuse of one kind or another. And that kind of abuse
can lead to all kinds of strange things, particularly where the trustee is very
close to that person, the substance abuser. So they may be allowing them to
live in a house rent-free. They may be advancing monies to them that they’re
not advancing to others. And it can just particularly look like that the trustee
cannot resist the efforts of the beneficiary. So we move to the next slide,
and that is other good cause. And there are lots of other good causes and
criminal convictions I have seen that come up. The habitual substance abuse: I
sat at mediations, I think, several times where this so-called trustee was there
and was high on some kind of drugs or alcohol. We knew it it’s simply not an
easy thing to go prove, but we make you know, we do make our particular efforts
to prove it, should we have to go to trial on it.
You also see refusal to make distributions, and that they can be
punitive. Investing in particular assets is a another issue. Sometimes the assets
are – or failure to dispose of assets that are not producing is the last issue.

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