Now, let’s get into some meet. Where the rubber meets the road, that is.
I expect this is why IRS and Motor Vehicle Departments have fallen away in their demands. Just ask the right question ( acting under Office of Trust or Profit ) and suggest / charge Breach and Conversion.
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Breach of Trust n. : - 1) any act which is in violation of the duties or a trustee or of the terms of a trust. Such a breach need not be intentional or with malice, but can be due to negligence. 2) breaking a promise or confidence.
The Trustees have breached the Trust and their duties for profit for themselves at your expense.
A Breach of Trust of Duty by a Trustee is a violation of
Correlative Right of the Cestui Que Trust, and gives rise to a liability on the part of the Trustee and a correlative cause of action, on the part of the Beneficiary for any loss to the Trust Estate. The rule is applicable in respect to both positive acts and omissions or negligence constituting a Breach of Duty by the Trustee. (26)
A Trustee liability for Breach of Trust is
Personal in character ( there goes their immunity ) with all the consequences and incidents of personal liability and is enforceable against his estate.
A Trustee breaching his duty comes within the maxim that "equity will not aid one who comes into court with unclean hands. (it's about time)
When the Trustees have made acts of omission, the Beneficiary can question the
Propriety of the Trustees. The Beneficiary had to have had, full disclosure, full knowledge of all the material facts and circumstances. A Beneficiary must have had knowledge of and understood their RIGHTS. (27)
And the Beneficiary is UNDER NO OBLIGATION TO SEARCH PUBLIC RECORDS. (28)
The old adage that you "knew or should have known" will just not work in the case of the Trust. How could you have known when there were acts of omission, non-disclosure, lack of understanding of your Rights, and when everything you were told was done so in order to mislead and deceive you and coerce you into giving up your Beneficial Interest in the Trust. On the other hand ignorance of the Law is NO excuse for a Fourteenth Amendment citizen.
"Enforcement of a Constructive Trust (codicil trust) in favor or those named in a Will which Testator was prevented by fraud, duress or undue influence from executing, against those who have thus obtained decedents property, does not annul the Decedents Estate Law, The Statute of Fraud or the provisions of the Statute of Wills as to the mode in which a testamentary disposition (29) must be effected."
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Footnotes :
26. 76 American Jurisprudence 2d Trusts
27. 76 American Jurisprudence 2d Trusts
28. McAllister v McAllister 120 NJ Eq 407, 184 A 723, affd 121 NJ Eq 264, 190 A 52 afd 121 NJ Eq 249, 190 A 53. The Beneficiary is presumed to be reposed in innocence as in contradistinction to a citizen abiding in ignorance.
29. American Jurisprudence - Wills