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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 53935
Experience:  Licensed attorney helping individuals and businesses.
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Are beneficiaries of a trust entitled to receive annual

Customer Question

Are beneficiaries of a trust entitled to receive annual accountings if the grantor of that trust is still alive and doesn't want to share them? I have a situation where my mother put all her assets into a trust for her and her descendants (two kids and four grandkids), it's a long story but basically she named my sister and my uncle as successor trustees that could step in and become trustees if she was unwilling or unable to manage the trust and that happened long ago, it's a large trust that owns real estate and that's my uncles game so he basically took control and although my mother is still alive, he will not let her make any decisions. I never have requested anything from that trust, after all, it was funded with my mothers own personal money so it didn't seem like any of my business but something strange has been happening over the last few years and I'm failrly certain that my uncle is moving things around that he shouldn't be moving. I've asked him for an accounting and a copy of the trust and he's told me that I'm not entitled to see anything because it's my mothers assets therefore none of my business. What am I entitled to here? I know I will have some entitlements after she is deceased but what about now?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Infolawyer replied 4 months ago.
As a general rule no. However a beneficiary who has reason to believe the trust is not being followed would be entitled to it.Normally a lawyer would write a letter seeking the accounting. If that doesn't work a complaint would be filed in court seeking it.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 4 months ago.
Are there any laws in place that I could reference, you stated as a general rule "no" but if a lawyer can persuade someone they must be able to enforce a rule???
Expert:  Infolawyer replied 4 months ago.
No particular statute but courts look to enforce the trust so if there is violation of its terms the court will want to examine and make sure it is being followed. You may cite to the trust itself and his fiduciary duty to the beneficiaries. I wish you the best. I trust the answer has been helpful. kindly let me know. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Customer: replied 4 months ago.
Well, I don't have a copy of the trust. I've been told that since it's my mothers private money then I don't have a right to see anything regarding the trust. The trust is titled in her name and is for the benefit of her descendants, my name is ***** ***** on the first page listed as a beneficiary and I receive money from it each month but according to my uncle I don't have a right to accountings or a copy of it. Again, it's a long story but my uncle is basically using my mothers trust to "hide" her assets from me... He actually set up her trust just after my father died, ripped up their wills and took control of all of her assets. My mother has a mental disorder and is heavily medicated, do I really have no rights to these things since it's still a revocable trust?
Expert:  Infolawyer replied 4 months ago.
If it's revocable it could be changed and undone by the creator of the trust. I would suggest a lawyer letter to start which should at least get you more information and then can decide whether to take it further through court.
Expert:  Infolawyer replied 4 months ago.

Kindly rate me positively.

Expert:  Infolawyer replied 4 months ago.

thanks in advance.

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