When Is It Appropriate for a Trustee to Deny Trust Info to a Beneficiary?

[Bruce Davis IX]

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

I am a co-beneficiary of a family trust. The trust assets are set forth to be distributed very soon. However, I have discovered physical evidence that what I consider to be a significant amount of money (over $30,000) is unaccounted for in the trustee's final accounting. Additionally, in an earlier conversation, a financial transaction the trustee stated had occurred I have since found out did not occur, so that money is missing also. I have written the trustee, who is also a NJ attorney, of my concerns and have requested financial statements and explanations of some distributions. The attorney-trustee has not responded.

Are there circumstances under which the trustee can deny to provide the beneficiary(ies) such documents, even when physical evidence eludes to significant errors such as the ones I have encountered?

 

[LdiJ]

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

I am a co-beneficiary of a family trust. The trust assets are set forth to be distributed very soon. However, I have discovered physical evidence that what I consider to be a significant amount of money (over $30,000) is unaccounted for in the trustee's final accounting. Additionally, in an earlier conversation, a financial transaction the trustee stated had occurred I have since found out did not occur, so that money is missing also. I have written the trustee, who is also a NJ attorney, of my concerns and have requested financial statements and explanations of some distributions. The attorney-trustee has not responded.

Are there circumstances under which the trustee can deny to provide the beneficiary(ies) such documents, even when physical evidence eludes to significant errors such as the ones I have encountered?

No, the trustee really cannot do that. However, I suspect that you are not going to get the kind of accounting that you want unless you get your own attorney involved. I don't know how much money is involved in the trust, but the trustee is entitled (at least in most states, and probably all) to some compensation for serving as trustee.