I was out all day yesterday so I am just seeing your post.
You would not need a forensic audit to determine if your contributions had been made and properly applied. You should have received an annual statement each year reflecting the contributions to your account based on your share of the profits. I would leave out forensic and just use the term audit and add at the end of the sentence "as part of that litigation". This demand would have no adverse consequences. Having the same person both plan administrator and trustee in small self administered plans is not uncommon and is not prohibited. You should send the letter both certified and regular mail. If the certified letter is not picked up and the regular letter is not returned, you will know it was received. You can call the office on the 10th day to see why there was no response and that will tell you if he is on vacation.
If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).