Change of trustee

[trusteemom]

What is the name of your state (only U.S. law)? Maryland

My question concerns a trust established by my ex-husband, who is now deceased, for my two children. Their uncle has been the trustee for the past 12 years. He requested that he be relieved of his duties last year, and the court assigned me as the new trustee 5 months ago. I requested all records related to the trust from their uncle, which he has finally provided to his lawyer. His lawyer says the records consist of approximately 750 pages, and he said I must either view them in his office, or pay him to provide copies. I questioned why copies were necessary, and whether I could simply stop by his office and pick up the original records. I offered to make copies of the records on my own and return the originals if necessary. He refused, saying I can only obtain the originals free of charge if I sign a "hold harmless agreement". Otherwise, I must pay him to provide copies. Is this legal? As the new trustee, am I not entitled to past records related to the trust without paying for them?

 

[HappyWanderer]

Maybe, maybe not. It depends on the "records" and specific interpretations of the law.

But, say you are 100% right. How much do you want to spend to enforce it? It would be a lot cheaper to just pay the copying fees. Especially if you inspect first and only copy that which you need.

 

[curb1]

I also find it hard to believe that the attorney claims ownership of the Trust documents. The documents belong to the Trust, not the attorney, or the former trustee. What am I missing? Does the Trust document address this situation?

 

[TrustUser]

i think the better question is why did the uncle give these papers to a lawyer ?

as far as i can tell, the lawyer's job is to provide for his client.

since the uncle was the trustee, he had no reason to give trust papers to a lawyer. they should have simply been given to the new trustee.

i wonder just what these records show ?

if the copying fees are high, it might discourage the new trustee from getting them. which might be exactly what the uncle hopes, if there is something in them that he wants to remain unnoticed.