Can a trustee GIFT themselves $11,000?

she needs to resign ALL her duties. if she gets in trouble its her own doing.

make sure all bank accounts get changed over without her name.

Report her to APS! Today! Forget about family ties and keeping the peace. Yes, you are likely to find out there has been way more financial exploitation by her and hubby. Sadly she will get sympathy from your mom. But you HAVE to protect whatever resources your parents have left or you will find yourself doing all the work and paying for everything yourself when the money runs out (if it hasn't already). Talk to your brother and get him 100% on your side. Who in the heck NEEDS a good relationship with a sibling who would do this to the parents? This burns me up!

NO
the trustee has a extremely high amount of loyalty only to beneficiary (s)
called Fiduciary Responsibility.

I may or may not be stating it totally correct. but I take my responsibility seriously
and this to me is NOT good

I have had to tell my sister no money ! im glad im trustee. or id be in your shoes.

if you know the attorney for your mom and dad. the one who drew up the paperwork. I would call and notify him if possible. its POA/trustee job to file taxes. sorry this burns me up

my mom would probably help my sister with money. like she has for years past.
but my mom isn't in her right mind anymore.

is sister low on money because they are down on their luck. or because they constantly spend and reward themselves with expensive stuff? if they are taking money they should have at least told you. like for an emergency or something.



sorry I overreact - it just hit a nerve w me :(

Absolutely NOT.

Sheesh, some people. Get the lawyer involved, if there is one. Maybe, if you're super nice, give her one change to return all the money. IF she won't let the attorney handle it.

There's another issue.

Is she the current Trustee of the Trust, or does she inherit authority on your parents' deaths, or on the death of the first of them? Are the IRAs funded (title to the IRAs) transferred to the Trust? Or are the IRAs titled individually, with specific beneficiaries named?

In other words, when she draws down on an IRA, is she taking money from the Trust or assets outside the Trust? I ask to determine if she's defrauding the Trust or your parents assets which might be outside the Trust?

But someone with legal knowledge does need to review the Trust to determine if there are provisions for her to make these kinds of payments to herself. Trustees are entitled to compensation. And she could be acting as Trustee as opposed to proxy under a POA.

Someone also first needs to be determine if these are RMDs, Required Minimum Distributions, from IRAs. They might be, and if she's depositing them in an account for the Trust, that might be legitimate. It depends on what she's using the funds for and in whose name the account is titled.

From your description of her financial problems though, there definitely is a question whether she's inappropriate using your parents funds.

How are you getting this information? Do you have access to the IRAs or your parents' accounts?

Mom doesn't want SIS to get into legal trouble. I however would love to see SIS and BIL squirm. SIS is trying to negotiate with my brother saying she will resign from POA but still wants to remain as Trustee. She can't have any power. My brother wants to maintain the family, me not so much. Mom said my brother is taking her to the lawyer tomorrow and SIS was crying all day..TOO BAD THEIF

I was planning on running a credit check for Mom and Dad...however I am very scared on what I will find out.

She is abusing her responsibility and needs to return it. I didn't think you could file bankruptcy numerous times anymore. I would bet the judge isn't OK with it. Its like stealing. I thought the courts were cracking down on this. Your sister needs to learn how to handle her money.