How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26991
Experience:  Estate Law Expert
11068102
Type Your Estate Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

may i file a pro se motion to compel the trustee of an estate

Resolved Question:

may i file a pro se motion to compel the trustee of an estate to provide the trust instrument if i am a named beneficiary
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Is there a case opened that you already appeared in?

Customer:

there is no pending case i am a beneficiary to an estate and have received some disbursements the executor of the estate is a family member and will not provide any information regarding the trust instrument or the status of the estate i want to file a motion in the appropriate venue to compel her to provide the documents

JD 1992 :

You would have to file for an affirmative injunction compelling them to product documentation.

JD 1992 :

Is there an estate that has been opened?

JD 1992 :

Through the court?

Customer:

yes the estate has been opened and the 6 month period expired in july 2011 a disbursement was made at that time and a second disbursement was made in october of 2011 since then there has been no communication from the executor and despite repeated request for documentation there has been none to date. Funds are still in the estate 9 undeterminable amount because the executor will not reveal anything

JD 1992 :

Is the problem with an executor or a trustee? Originally you said trustee and that is different than an executor. If it is an executor it is easier.

Customer:

The individual is the administrator of the estate i do not know their legal status i have checked with the appropriate probate court and no action has been filed

JD 1992 :

Hmmm. They can't actually be the administrator or executor unless a probate has been filed. A person can be named in a will as the executor (I'll just use that term for both titles) but that actually doesn't give them any power until they are appointed by the court.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Customer:

As a follow up the estate is in a trust the individual is responsible for the disbursement of the funds and has posted all the legal notices required as well as the disposable of real estate that provided some of the funds for the trust. She has also negotiated with various taxing authorities regarding liabilities.


 

JD 1992 :

If it is an actual trust then my original answer is correct. You would have to file a separate lawsuit seeking an accounting. You are allowed to do that yourself (pro se) but since it is a form of an injunction it would be pretty complicated.

JD 1992 :

Rather than actually filing the lawsuit I'd suggest hiring a local lawyer just to send a letter requesting the information. That should get results and if it doesn't it certainly helps your case when you file.

JD 1992 :

Because it shows that you tried to be reasonable and do something before resorting to the courts.

Customer:

Thanks your information has been helpful would the proper venue be the probate court in the proper county or would you file in the circuit court.

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26991
Experience: Estate Law Expert
Dwayne B. and 8 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.