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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101312
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a trustee on my deceased dads trust. The former trustee

Customer Question

I am a trustee on my deceased dads trust. The former trustee resigned because of misuse of funds. My attorney subpoenaed bank records. I found some questionable debts in account. Do i as trustee have a right to see where this money went?
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. The answer is yes, in several ways:

1) You on behalf of the trust, or the beneficiary, or both of you, can sue the former trustee for negligence, fraud, etc. If so, then bank records can be subpoenaed, and her personal information may be requested via legal discovery; or

2) You can investigate using whatever records you already have access to, but you cannot get access to the former trustee's records without filing suit (see #1).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 9 months ago.
I am in the process of a suit of former trustee. The bank in question is giving me the run around about getting information i need..I have been trying for a week to get information. It was over a three year period and we know it is not paying a bill for my dad. It is a large amount of money. Over a hundred thousand dollars.
Expert:  Ely replied 9 months ago.

Have you tried a subpoena? That is what you likely need. A subpoena orders them to produce the record. See HERE. A little about how subpoenas work HERE.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 9 months ago.
We sent a subpoena. Bank is looking into it. Bank said i did not ask for this entry. I did not know about the money that was going out until i got bank statements. I am on strick time frame no time to send another subpoena.
Expert:  Ely replied 9 months ago.

If the bank is stating that the subpoena was too general and not specific, then you can:

1) Send another, more specific subpoena, or

2) File a motion to compel (the subpoena) and have the Judge decide, who will then likely give them a limited amount of time to comply if they find the subpoena to be specific enough. If there is a time frame, then perhaps #2 is an option?

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!