I have an estate case involving a trust (in IL) of which I was one of the beneficiaries
. It started when the other beneficiary, also the trustee of said trust, refused to provide me with an accounting, which the court has already conceded I am entitled to. I am now on my second lawyer. The first atty got some info for me, in dribbles, bits and pieces. I literally had to fight him for every bit of it, culminating in an unofficial spreadsheet of an accounting which he felt should suffice, and the judge's wrath at our 'Waste of the court's time". He then quit the case. The one good thing he did accomplish is (apparently erroneously) obtain a copy of a joint acct contained within the trust which contained a lot of info I was able to pursue. I then hired a second atty who is much more professional and advised me that what I received was not a legal binding doc, as far as accounting goes. Again there was a big battle. The really sad part is that this is over a very small amount of money, for me, at least. The second atty thought she could retrieve about 20,000 which then dwindled to 17, then 12, now hopefully, hopefully, maybe 8. Her explanation: she had not taken expenses (clearly marked on the original spreadsheet) into acct. My question: why not? If someone is going to lie in a situation like this, it won't be about their expenses incurred. A deposition produced evidence of a trust acct, the final statement of which (and only the final statement at date of death) has been provided in the new official version of the acct allowed by the court. I want to see prior bank statements from that acct. but this atty is saying I am not entitled to see them. I feel it crucial to see it as it seems to be the only way to discover any add'l assets. Assets were being transferred back and forth between the aforementioned two accts and others. The terms of the trust did indeed give unlimited power to the trustee, but also contained no language as to confidentiality
. The atty feel that delving into the deceased dementia is the only way to justify demanding records of that acct. and would be too expensive.
What is your opinion, is she right or is there any other legal loophole that could be used to obtain the trust acct statements, and was she correct in not including expenses in her estimation of my shortfall?