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

to provide the trust instrument...
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
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Answered in 1 minute by:
8/15/2013
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,052
Experience: Estate Law Expert
Verified

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.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,052
Experience: Estate Law Expert
Verified
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Dwayne B.
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Category: Estate Law
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