As an appointed trustee of an estate, you are responsible for maintaining and managing the property. This means representing the interests of the estate and ensuring that the interests of the beneficiaries are above your own. However, accusations may arise based on your supposed mishandling, and if proven guilty may lead to time in prison.
What can they accuse me of?
An accusation may come in the form of a document filed by a complainant and sent to your home. You can be facing several allegations on misapplication of fiduciary property , including :
- Acting against the terms of the trust document or fiduciary agreement
- Failing to act in the beneficiary’s best interests
- Using the property recklessly may create a substantial risk to the beneficiaries
- Violating the laws on custody of the property
All these accusations can lead to serious legal consequences. Depending on the severity of the misapplication, you could be criminally charged.
How can I protect my freedom?
The worst thing that can happen is going to jail without any means to defend yourself. If someone accuses you of mishandling property, here are steps you can initially take.
- Gather evidence: By collecting evidence like documents, emails, receipts or other records, you can support your case and demonstrate proper handling of your charge.
- Understand the accusation: Many people are reeled in by the shock and intimidation of an accusation. Getting a clear understanding of the allegations against you will help your legal team prepare a strong defense.
- Keep off the socials: If you want to defend yourself best, you should not leave breadcrumbs that the prosecution can notice. Maintain professionalism and refrain from voicing your thoughts on social media.
Any incriminating evidence can come from your mouth if you talk without a lawyer. Having someone you can rely on to represent you will impact your overall confidence and ensure that you are properly guided and represented.