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  1. #1
    SUZIKOT Guest

    Heir to Trust but no accounting by executor

    What is the name of your state?AZ
    We live in AZ. The deceased (Aunt) lived in FL. The Executor lives in WI. He is an attny and is a nephew of the deceased. Aunt had no children. She passed in Jul 04. We have found that the executor through numerous phone calls has not started any action i.e. probate?, sale of her condo or given heirs accounting of the assets. Is it unreasonable for us to ask for a copy of the trust and what the total assets of the estate are and what we can expect to receive? We know that we are in the trust but since we have seen the original trust there have been 5 new amendments. We would like to know all this information. Additonally, in what state is the estate probated FL or WI? What is the "normal" fee that an executor should receive? Should we as heirs get a full accounting of how the assets of the estate were dispersed i.e. debtors, taxes, attorney fees etc.?

    Suzi
  2. #2
    BlondiePB is offline Senior Member
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    Quote Originally Posted by SUZIKOT
    What is the name of your state?AZ
    We live in AZ. The deceased (Aunt) lived in FL. The Executor lives in WI. He is an attny and is a nephew of the deceased. Aunt had no children. She passed in Jul 04. We have found that the executor through numerous phone calls has not started any action i.e. probate?, sale of her condo or given heirs accounting of the assets. Is it unreasonable for us to ask for a copy of the trust and what the total assets of the estate are and what we can expect to receive? We know that we are in the trust but since we have seen the original trust there have been 5 new amendments. We would like to know all this information. Additonally, in what state is the estate probated FL or WI? What is the "normal" fee that an executor should receive? Should we as heirs get a full accounting of how the assets of the estate were dispersed i.e. debtors, taxes, attorney fees etc.?

    Suzi
    Call the courthouse in the county in FL regarding your deceased aunt's will. The trust issues need to be addressed to the Trustee. Should you encounter problems with the Trustee, seek council from a Trust Attorney.
  3. #3
    Dandy Don is offline Senior Member
    Join Date
    Apr 2002
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    The problem is that you may not know for sure whether there is both a trust AND a will or just a trust. Many times all of the assets of an estate are put in a trust in order to avoid probate, but sometimes there can be both a will and a trust. If there is no will in this case, then there is no need for probate and that is why nothing is showing.

    If there was a will, it would be probated in the state where the death occurred, in the county courthouse probate court of the city where the death occurred.

    How did you find out that 5 amendments to the trust have been made?

    Yes, you need to be consulting with a Florida trust attorney to find out whether that state's laws allow a trust beneficiary to request a copy of the trust and an accounting statement by sending the trustee a certified letter requesting such. Some states allow this and others do not.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

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