Q: Trust Fund Mis-use
My uncle is a fiduciary to my sons trust fund. The fund was created when my mother passed. We have never seen an accounting of the money. How do we find out what's going on with the fund? He is not returning phone calls or emails or snail mail in regards to this matter.
A: Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation against him in order to compel him to provide an accounting. This litigation will be required to be instituted in a general equity court where the trust has situs. If your mother's estate was opened in Maryland then the court with jurisdiction will most likely be the circuit court in the county or Baltimore City where her estate was administered. In any event, it would be prudent to review this matter with an attorney who pursues estate and trust litigation.
Nina Whitehurst agrees with this answer
A: A beneficiary is entitled to receive a statement of account from the trustee of a trust. I suggest you have a lawyer write a letter on your son's behalf, citing the relevant code section, and formally documenting the request, which will be more likely to generate a substantive response (most people will not simply ignore a letter from a lawyer).
Cedulie Renee Laumann agrees with this answer
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