Trouble With My Trustee

[star57]

Hello Everyone, and thank you, FreeAdvice, for having this forum!

My parents are now both diseased, and from what they told me, their real estate and monetary assets will be split in half between my brother and I. In 2007, their home was put into an irrevocable trust, with my brother as the trustee. I am suspicious of his intentions for a number of reasons, those of which I will go into detail, should anyone want to know.

He has not shown me any documents (will or trust). After I asked to see the will, he said he did not have it. He has not kept me informed about anything at all. Someone I know called me today to let me know he put my parents' house up for sale (otherwise I would not have known).

I would like to know how I can submit a Request to Produce Documents in the NY courts. I am living in FL. I don't have funds for an attorney, so anything I do has to be done myself. I have read the responsibilities of a trustee, and it is clear my brother is not doing the right thing, AND, I have good reason to believe that he may be benefiting himself and his family, using my half of the money when the house sells, which is one of the things he is not allowed to do as a trustee.

Any help would be greatly appreciated!

Donna

 

[Zigner]

Why shouldn't he sell the assets and distribute the proceeds according to the trust?

 

[tranquility]

There are so many facts missing it is impossible to advise. Generally, when you have an unfettered right to property in a trust, you should receive a copy of the trust and an occasional accounting. I have no idea if you are there yet or the time period for an accounting. But, you don't have the right to demand the trustee/executor produce documents unless it is a part of valid discover as in a suit for fiduciary breach.

It is unlikely you could prosecute this on your own as the trustee/executor will have an attorney and the trust/estate will be paying for it. (In addition to any termination of rights clauses in the trust/will if you don't make claims correctly.)