Q: The trustee is discriminating against several benificaries and will not inform them of details of an accepted offer.
When I have asked to be informed, I'm denied any info other than I'll receive a settlement statement at close. The trustee is making errors and not letting anyone help. I'm a real estate Broker with knowledge. What can be done to receive information?
A: Get counsel to assist you in asserting your rights as a beneficiary. If it cannot be resolved informally, Court may be necessary to get the trustee's accounting and report, as well as, possibly remove the trustee due to breach of fiduciary duties.
3 users found this answer helpful
A: Sometimes trustees do the right thing when a beneficiary’s lawyer sends a firm letter to the trustee listing the trustee’s legal duties and penalties for not complying with them. In other instances, trustees ignore the lawyer’s letter and the beneficiaries are forced to go to court. I always try the letter option first unless my client wants to spend the time and money going directly to court without my sending a letter because the beneficiary already asked the trustee in writing to give an accounting, etc. Bottom line, you definitely want to ask for everything you want in writing before going to court or a judge will be frustrated that you potentially could have resolved the matter without taking up any of the court’s time.
1 user found this answer helpful
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