Q: I am co-trustee on a will, can I get bank, credit card & other information myself if Executer refuses to provide the
Will is clear about beneficiaries & distribution of assets. I have asked twice to get basic accounting about assets, liabilities, transactions, etc but Executor is refusing to provide this. No estate value with backup has been provided prior to death to present. Death was 7 month's ago in NJ where she was living at time of death. Trying to resolve estate without going to probate if possible. I want to contact the banks, credit card companies, etc myself so I can see what has transpired.
A:
You cannot be a 'trustee' of a will. If you are indeed co-trustee of the TRUST then you can get access to TRUST information, but not necessarily the information concerning the Probate Estate or will.
There is enough confusion here that you REALLY need to hire an attorney to represent you and drill down to what the real issues are. Has someone begun probate, is probate even necessary or will Trust Administration alone be enough, and if not have BOTH been begun?
You are well past time to get these things at least begun and for information to begin to flow to the beneficiaries after 7 months, but it sounds like nobody knows what to do first or who has authority to begin the process. Seek local legal help ASAP so this can get moving!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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