MAY 18, 2001
DEAR PAULA:
I don't know what the Pennsylvania law is, but if you were one of the beneficiaries, then you should have been notified within a reasonable amount of time after the deceased died or at least within a certain amount of time after the will was being probated.
If the trustee purposely withheld this information, then he may not be able to be sued for "fraud or mismanagement" (those are terms that do not apply in this case), but he might be charged with "breach of duty" or something similar.
If you have not been financially harmed by the trustees actions, then it may not be wise to file charges. It would be best if you (or your attorney) could review the trust documents (if you have have access to them) first to
determine whether any violations or improprieties have occurred. You may have to go through filing a suit in court to get the situation corrected, but you need to give the trustee a chance to explain their actions before you decide to file suit, as there might be a reasonable explanation. But if the explanation sounds fishy or unsatisfactory, then you have every reason to go ahead and file suit.
SINCERELY,
[email protected]
