Trustee Misconduct Legal Steps

Summary

In Nevada, if a trustee is mismanaging a trust and a judge shows bias, consider filing a motion to disqualify the judge and gather evidence of misconduct. Seek help from Nevada Legal Services for potential pro bono assistance. In Texas, to access a safe deposit box without a will, file for Letters of Administration through intestate probate. Contact Texas Legal Services Center for guidance.

Full Conversation

I’m actuaI’m actually asking for a friend I have been helping with his court case. His mom passed in * leaving him and his brother beneficiaries to her trust. His brother is now incapacitated so the successor trustee petitioned guardianship court to have jurisdiction over the entire trust. This has been drug out almost 5 years now and she has yet to divide the assets between the beneficiaries per the trust agreement. The judge denies my friend anytime he files anything in court and lets the trustee and her attorney do whatever they want. What can my friend do to get his half of the trust out of guardianship court and in front of a different judge? He suspects the trust documents may have been altered as it contains a massive amount of mistakes and inconsistencies and he doesn’t know where it came from. Also, the successor trustee does not have my friend’s best interests in mind, refuses to even communicate with him, and continues to deplete the trust.
Hi Kristen! Your friend might consider taking the following steps:
- File a formal complaint against the trustee for breach of fiduciary duty.
- Request an accounting of the trust.
- Seek mediation or arbitration to resolve disputes.
- Consider filing a motion to change the judge due to bias or unfair treatment.
Has your friend already consulted with a trust litigation attorney in Nevada?
yes he has had a couple different attorneys represent him but he fired one and the * others withdrew from the case because they felt there was nothing they could do for him. And now he doesn’t have any money to hire another attorney and the successor trustee won’t let him access any of the trust funds. He is given $*/mo allowance to live off. Nowhere in the trust is this stated.
Kristen, here are some steps your friend might consider:
- File a formal complaint against the trustee for breach of fiduciary duty.
- Request an accounting of the trust.
- File a petition to remove the trustee based on mismanagement or misconduct.
- Seek assistance from a legal aid organization in Nevada for pro bono help.
Is your friend aware of any legal aid services in Nevada?
He has used the self help library and “Ask a Lawyer” I believe. He was instructed to file a report with the police department and to go to the Attorney General’s Office but he had no luck with either.
Kristen, it sounds like your friend is in a very challenging situation. Here are some additional steps your friend might consider:
- File a complaint with the Nevada State Bar against the trustee's attorney.
- Contact the Nevada Department of Business and Industry for further assistance.
- Explore other legal aid options like Nevada Legal Services.
Has your friend considered reaching out to any local advocacy groups for additional support?
He has received an accounting but they refuse to let him see bank statements or cancelled checks. So all his questions go unanswered
Kristen, your friend has a challenging situation. Here are some additional steps he might consider:
- File a motion to compel the trustee to provide bank statements and cancelled checks.
- Request a forensic accounting to investigate the trust management.
- Contact the Nevada State Bar for further guidance or potential pro bono assistance.
Has your friend considered filing a motion to compel?
I’m not sure. I know he tried filing some motions on his own when he wasn’t represented, but the judge threw them out because he did them incorrectly. His attorney requested them once and she refused to give them stating that the accounting has already been approved But I will look up what a motion to compel is.
Kristen, your friend’s situation indeed seems complex. Here are some general steps and information that might help:
- Motion to Compel: This legal motion requests the court to order the trustee to provide specific documents or information.
- File a Complaint: If the trustee is refusing to comply, consider filing a complaint with the court.
- Legal Aid: Contact Nevada Legal Services for potential pro bono help.

Nevada Legal Services


Phone: (*) *-*
Website: www.nlslaw.net

Has your friend tried reaching out to Nevada Legal Services yet?
He just really needs to get in front of another judge. This judge doesn’t even follow his own orders. He uses intimidation and seems like a bully. Are judges allowed to step down off their bench in the middle of court and have a conversation “off the record”.
Judges are generally not allowed to have "off the record" conversations during court proceedings, as it can raise concerns about transparency and fairness. Your friend might consider filing a motion to disqualify the judge due to bias or misconduct.
Has your friend documented any instances of the judge's behavior that could support such a motion?
Thank you for the info.
Kristen, your friend might consider filing a motion to disqualify the judge due to potential bias or improper conduct. Judges are generally not allowed to have "off the record" conversations during court proceedings as it violates rules of judicial conduct. Consulting with Nevada Legal Services might be beneficial for further guidance.
Has your friend attempted to file a motion to disqualify the judge yet?
No he did try a change in venue.
Kristen, your friend might consider filing a motion to disqualify the judge due to potential bias or improper conduct. It's crucial to document any instances of the judge's misconduct. Additionally, it would be beneficial to consult with Nevada Legal Services for further assistance.
Is your friend aware of the specific procedure to file a motion to disqualify a judge in Nevada?
I was there the day he did the “off the record” bit. Glad I was there to witness it. He was really demeaning to my friend.
Kristen, it seems your friend has a potentially strong case. Here are some steps your friend might consider:
- File a Motion to Disqualify the Judge: Due to bias or improper conduct.
- Report Judicial Misconduct: File a complaint with the Nevada Commission on Judicial Discipline.
Has your friend considered filing a motion to disqualify the judge or reporting the judge's conduct?
thank you. I have a few new places to try that you’ve given me.
Kristen, it seems your friend is in a challenging situation. Here are some steps he might consider:
- File a motion to disqualify the judge due to potential bias or improper conduct.
- Gather evidence of any "off the record" conversations or demeaning behavior.
- Continue seeking help from Nevada Legal Services.
Has your friend gathered any documentation or evidence of the judge's behavior?
Yes and I have as well. They also have gone back to holding court by Zoom meeting. So he isn’t given much of a chance to speak.
Kristen, it sounds like your friend has a strong case for judicial bias and trustee misconduct. Here are further steps to consider:
- File a motion to disqualify the judge based on documented behavior.
- Request court transcripts and recordings as evidence.
- Continue pursuing assistance from Nevada Legal Services.
Has your friend documented any specific instances of the judge's bias or misconduct?
yes and he’s been told if he challenges anything he will have to pay all of the attorney’s fees, including his brother’s guardian’s attorney, from his share of the trust.
Kristen, it sounds like your friend is in a difficult situation. Here are some steps to consider:
- File a motion to disqualify the judge based on documented bias.
- Request court transcripts and recordings as evidence.
- Seek assistance from Nevada Legal Services for potential pro bono help.
Has your friend gathered any specific evidence of the judge's bias or the trustee's misconduct?
And I haven’t even mentioned what is messed up regarding his poor brother and the guardianship. There is so much more to this that is unbelievable. I would need a full day to explain it all to you
Kristen, your friend's situation is indeed tough. Here are some key steps he can consider:
- File a Motion to Disqualify the Judge: Based on documented bias or misconduct.
- Gather and Submit Evidence: Of any improper behavior by the judge.
- Contact Nevada Legal Services: Continue seeking pro bono assistance.
Has he tried documenting and filing a motion citing the specific instances of bias?
on a different subject, my Dad passed away in Texas without a will. My sister and I are his only children. What do we need to do to access his Safe Deposit Box he had with a Credit Union? There was no named beneficiary or co-owner. I have the keys in my possession. I already contacted the credit union and they advised me to consult an attorney.
Kristen, in Texas, since your dad passed away without a will, you and your sister may need to go through a process called "probate" to access his safe deposit box. Here are some steps:
- File for "Letters of Administration" with the probate court.
- Obtain a court order to open the safe deposit box.
Have you considered starting the probate process in Texas?
From my understanding I thought there needed to be a will in order to probate.
Kristen, in Texas, probate is required whether or not there is a will. When there's no will, it's called "intestate probate." Here are the steps:
- File for "Letters of Administration": This will legally appoint you and your sister as administrators of the estate.
- Obtain a Court Order: To access the safe deposit box and other assets.
Have you and your sister started the process of filing for "Letters of Administration"?
i don’t have the money to hire an attorney to go through probate.
Kristen, in Texas, probate is still required even if there is no will. It's called "intestate probate." Here’s what you can do:
- File for Letters of Administration: You and your sister can apply to be appointed as the administrators of your father's estate.
- Court Order: Request a court order to open the safe deposit box.
You can also seek assistance from Texas Legal Services Center for potential pro bono help. Have you considered contacting them?
No I haven’t considered it but I will now.
Kristen, it sounds like your friend has a complex and challenging legal situation with the trustee and judge. Additionally, dealing with your father's estate in Texas adds another layer of difficulty.
For your father's estate, contacting Texas Legal Services Center is a good step. For your friend's situation, gathering as much documentation as possible and pursuing legal aid in Nevada will be crucial.
Is there any other specific legal concern or detail you need assistance with?
No thank you. You’ve been a big help.
Kristen, I'm glad I could help! If you or your friend need further assistance, don't hesitate to reach out. Remember, documenting everything and seeking legal aid can make a significant difference in both cases. Take care!