Court next week, "Accounting of a Trust" as Trustee

[helpmeinNY]

What is the name of your state (only U.S. law)? NY I was served with papers a few weeks ago and have to go to court next week. The paper is a petition filed by my brother forcing me to file an accounting of my activities as Trustee of the family trust. I am primary trustee, he is secondary. Last parent died, I am preparing the house for sale in the spring. It needs quite a bit of work to make it more appealing. Papers state that he believes there are substantial assets held by the trust, including real estate, and that he has made repeated requests to me for information and I have refused to provide it. The reality is this: no contact with him for the last 10 months. There is no money, the house expenses (taxes, insurance, materials for upgrades, etc.) are being paid for with my money. It is a 55 YO 3 bd/ 1 BA ranch with very few upgrades over the years. Have consulted with 2 RE people, both gave me information that we could list for much more if certain upgrades were done. Difference of about 35K listing price selling as is vs. making the upgrades. There was a small bank account listed in the name of the trust that I closed a month after parent died, checks disbursed by the bank. That's all there is. He is convinced there are secret accounts, because over the years he has borrowed thousands of dollars from my mom and was never required to pay back (approximately 55K in about 7-8 years).

I am in the process of filling out Accounting of a Trust form downloaded from NYS Gov website. Of course it's filled with legal-ese I don't understand. I am not hiring a lawyer to represent me at this hearing, I don't see the sense in a 5K retainer for an estate worth possibly 80K, especially since the money would need to come from my own pocket. I did consult a lawyer for a 1/2 hour but I failed to ask him this. What is the best and worst that could happen at this hearing? If I present the information that I have, and I know of no checking, savings, stock etc. accounts in the trust name, can he force anything else? Could the Surrogate Court judge dismiss it right then? Is the onus on him to prove that the additional assets he's convinced exist really do exist? TIA for any help.

 

[LdiJ]

What is the name of your state (only U.S. law)? NY I was served with papers a few weeks ago and have to go to court next week. The paper is a petition filed by my brother forcing me to file an accounting of my activities as Trustee of the family trust. I am primary trustee, he is secondary. Last parent died, I am preparing the house for sale in the spring. It needs quite a bit of work to make it more appealing. Papers state that he believes there are substantial assets held by the trust, including real estate, and that he has made repeated requests to me for information and I have refused to provide it. The reality is this: no contact with him for the last 10 months. There is no money, the house expenses (taxes, insurance, materials for upgrades, etc.) are being paid for with my money. It is a 55 YO 3 bd/ 1 BA ranch with very few upgrades over the years. Have consulted with 2 RE people, both gave me information that we could list for much more if certain upgrades were done. Difference of about 35K listing price selling as is vs. making the upgrades. There was a small bank account listed in the name of the trust that I closed a month after parent died, checks disbursed by the bank. That's all there is. He is convinced there are secret accounts, because over the years he has borrowed thousands of dollars from my mom and was never required to pay back (approximately 55K in about 7-8 years).

I am in the process of filling out Accounting of a Trust form downloaded from NYS Gov website. Of course it's filled with legal-ese I don't understand. I am not hiring a lawyer to represent me at this hearing, I don't see the sense in a 5K retainer for an estate worth possibly 80K, especially since the money would need to come from my own pocket. I did consult a lawyer for a 1/2 hour but I failed to ask him this. What is the best and worst that could happen at this hearing? If I present the information that I have, and I know of no checking, savings, stock etc. accounts in the trust name, can he force anything else? Could the Surrogate Court judge dismiss it right then? Is the onus on him to prove that the additional assets he's convinced exist really do exist? TIA for any help.

There was no life insurance or anything else that should/could have gone into the trust? You are certain that you have identified all accounts?

If you state that the only asset that exists is the house, and he cannot prove that anything else exists, then it should not be an issue.

 

[helpmeinNY]

There was no life insurance or anything else that should/could have gone into the trust? You are certain that you have identified all accounts?

If you state that the only asset that exists is the house, and he cannot prove that anything else exists, then it should not be an issue.

Yes, absolutely positive. There were 2 small life insurance policies (highest value $1500) that have already been cashed in and distributed. There was another CD in the name of the trust that was cashed in about 5-6 years ago. There are no other assets. My parents never opened accounts in the trust name to pay their bills. I don't think the legal advice they received at the time the trust was created was very good. SO I should not be panicking about this? I've got nothing to hide, I just want this over.

 

[LdiJ]

Yes, absolutely positive. There were 2 small life insurance policies (highest value $1500) that have already been cashed in and distributed. There was another CD in the name of the trust that was cashed in about 5-6 years ago. There are no other assets. My parents never opened accounts in the trust name to pay their bills. I don't think the legal advice they received at the time the trust was created was very good. SO I should not be panicking about this? I've got nothing to hide, I just want this over.

Well, then you go into court and explain that to the judge. Your brother is going to be sorely disappointed but reality is reality.

 

[helpmeinNY]

Well, then you go into court and explain that to the judge. Your brother is going to be sorely disappointed but reality is reality.

Thank you for the help. The lawyer I consulted with did tell me that the judge is likely to give me a bit more leeway because I'll be pro se. Also, in filling out this form I'm becoming very confused. Is my brother the petitioner, or am I? I'm almost beginning to regret that I've chosen to not be represented.

 

[You Are Guilty]

If you are in the five boroughs of NYC, you can go down to the Surrogates Courthouse and try to talk to one of the court attorneys there. (Unlike every other court in NY, they are super helpful). It may help to call first and see if you can schedule something though.

If you are going to proceed without a lawyer, start by calling the appropriate Surrogate’s Court for information regarding the necessary forms. Please remember that while court staff may provide legal information, they are prohibited by law from giving legal advice.

 

[helpmeinNY]

If you are in the five boroughs of NYC, you can go down to the Surrogates Courthouse and try to talk to one of the court attorneys there. (Unlike every other court in NY, they are super helpful). It may help to call first and see if you can schedule something
though.

Thanks so much, I don't know why I didn't think of that. I live more upstate than the boroughs but hopefully they will be able to help.