What is the penalty for the breach of fiduciary duty and misappropriation of trust funds by a trustee?

Question Details:

I am 1 of 3 named beneficiaries in our deceased mother's revocable living trust. Estranged sibling is trustee and refuses to account or disburse my 1/3 share ($120K) of trust funds from the sale of the trust property. I sent them trustee a certified letter requesting disbursement and an accounting, but he does not respond. Is this considered embezzlement, fraud, or a felony? I am currently seeking an attorney, but would appreciate clarification on what the trustee is likely to be charged with and if he will be ordered to pay the money owed to me. I need a trust and estates attorney. I'm in Virginia Beach Virginia.

Answered 6 years ago| Contributor
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.