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Commingling is the mixing together of personal funds with the funds of a beneficiary or client. It is a breach of a fiduciary relationship. In the situation you described the trustee is not mixing your mother's funds with his/her own funds. Transferring property from one trust to another trust that benefits the same person is not commingling. The trustee may be acting to the benefit of the beneficiaries.

If you suspect the trustee is acting improperly you should encourage your mother to request an accounting of each trust. The trustee should provide an annual account every year. It is the only way to monitor that what goes into the trust is only being used to benefit the beneficiaries and to pay the costs of administering the trust. What property comes in should equal the income that goes out for those purposes.

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15y ago

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