I am on of the benefeciaries of my fathers estate. Ther is reason to believe that my brother who is trustee may have taken all of the money ...

Question

I am on of the benefeciaries of my fathers estate. Ther is reason to believe that my brother who is trustee may have taken all of the money from the trust. Is there anything I can do? I can not afford an attorney at this time

Answer

If your father died in New York, it might be desirable to visit the Surrogate's Court where the Will was probated and get some guidance from one of the Clerks.

Answer

I have not seen any documents and your facts may be incomplete. However, as trustee, he has a fiduciary duty to act properly and follow the provisions of the trust. If he did not, an application to compel him to account might be in order. If he has been found to have acted improperly, he can be surcharged and ordered to repay what he took. While a Surrogate's clerk might outline what is necessary, using an attorney familiar with these matters would be the best thing. This is an answer to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.