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 5 years ago| Contributor
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