Person misusing temple trust property what action can be taken
17-Mar-2023 (In Wills / Trusts Law)
A temple trust was made for accounting all the inherited land by temple committee given by so many people to the temple but currently a person who is false relative of the priest is availing all advantages such as selling trust land ,evading tax by showing fake constructions on the name of religious activities the person is unemployed having no education too but enjoying all benefits on the name of trust kindly confirm to whom it must be reported and acts for punishment ?
trustee be held in breach, there are a number of specific civil consequences they may face, along with special damages:
Constructive fraud, a tort of deliberate omission or alteration of facts, often in order to benefit self or someone else, is just one example of a serious breach of fiduciary duty, and may lead to fines and repayment to beneficiaries. Though extreme, courts can even remove a trustee for such a breach.
Reporting a Breach
A person does not have to be a beneficiary to complain about a trustee to investigative agencies (beyond a court). Many people become aware of financial abuse occurring to a frail or infirm person. In fact, some complaints by a beneficiary may be seen as nothing more than nuisance and annoyance. Wrongfully bringing complaints against a trustee who is simply refusing to give in to a beneficiary's demands can result in the court assessing court costs against the wrongfully complaining beneficiary.
It can also occur that an attorney, whether because they are incompetent or dishonest in handling an estate or trust, cannot be trusted to correct their actions. Complaints to state bar associations, while usually effective, are not always timely enough to prevent harm. If the allegations of harm are to protect a senior or disabled individual, every state has mechanism for complaints to special departments of human services.
Documenting a Breach of Fiduciary Duty
The more information you can provide documenting the possible breach, obviously, the better. If the lawyer or advisor to whom you speak, after requesting an accounting of the trust from the trustee and examining the actions of the trustee, agrees that there is a pattern of suspicious activity taking place by the trustee, the next step may be filing a court complaint, at which point with the help of your lawyer you will have the opportunity to present your case to the court and tell the court why the trustee is in breach of fiduciary duty. If the court agrees, the trustee may be held accountable and may be liable for any losses to the trust or for any misappropriated income or assets.
All told, the investigation into breach of fiduciary duty by the trustee may include an independent review of the actions taken by the trustee, an accounting of how assets are being spent and managed, and even review by expert forensic accountants to identify possible fraud.
Constructive fraud, a tort of deliberate omission or alteration of facts, often in order to benefit self or someone else, is just one example of a serious breach of fiduciary duty, and may lead to fines and repayment to beneficiaries. Though extreme, courts can even remove a trustee for such a breach.
Reporting a Breach
A person does not have to be a beneficiary to complain about a trustee to investigative agencies (beyond a court). Many people become aware of financial abuse occurring to a frail or infirm person. In fact, some complaints by a beneficiary may be seen as nothing more than nuisance and annoyance. Wrongfully bringing complaints against a trustee who is simply refusing to give in to a beneficiary's demands can result in the court assessing court costs against the wrongfully complaining beneficiary.
It can also occur that an attorney, whether because they are incompetent or dishonest in handling an estate or trust, cannot be trusted to correct their actions. Complaints to state bar associations, while usually effective, are not always timely enough to prevent harm. If the allegations of harm are to protect a senior or disabled individual, every state has mechanism for complaints to special departments of human services.
Documenting a Breach of Fiduciary Duty
The more information you can provide documenting the possible breach, obviously, the better. If the lawyer or advisor to whom you speak, after requesting an accounting of the trust from the trustee and examining the actions of the trustee, agrees that there is a pattern of suspicious activity taking place by the trustee, the next step may be filing a court complaint, at which point with the help of your lawyer you will have the opportunity to present your case to the court and tell the court why the trustee is in breach of fiduciary duty. If the court agrees, the trustee may be held accountable and may be liable for any losses to the trust or for any misappropriated income or assets.
All told, the investigation into breach of fiduciary duty by the trustee may include an independent review of the actions taken by the trustee, an accounting of how assets are being spent and managed, and even review by expert forensic accountants to identify possible fraud.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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