what can be done?

[ShaClark]

What is the name of your state? TN
Husbands mom passed 2 siblings are executors plus they are to manage his trust.Husband is 50.After 18 months court set probate to close or show cause
Nov.Trust had performed for 17 months paying it should.When he refused to sign release saying he had all his money.He was to receive money from sale of house.No money this is sep[erate from trust.Also he asked to no avil for copy of trust papers.Sent siblings notorized request of all documents over 30 days ago.How can he make her turn over accounting and give him his house money.Desperate as his son just lost his job.Anybody please help

 

[Dandy Don]

Talk to a local trust attorney to find out whether a trust beneficiary has the right in Tennessee to send the trustee a certified letter asking for a copy of the trust and accounting information from the trust, and if they do have that right, then ask the attorney to send out that letter with his letterhead, asking on behalf of your husband the beneficiary. The trustee would pay more attention to an attorney's letter than a letter just from your husband and would be more likely to respond.

The attorney can also advise your husband on how to get information about the sale of the home and can find out whether probate is still open or not and how the profit should have been recorded. If you can't afford to pay the attorney fee upfront, just explain your situation honestly and attorney will probably wait to collect his fee until your husband receives his money. You need an attorney's help to get this straightened out--this is not something you can do on your own.

DANDY DON IN OKLAHOMA ([email protected])

 

[ShaClark]

talked to attorney

Finally, talked to attorney today.His remark was I cant believe she stopped this trust.She cant do that.Well she did.She also has to give yearly accounting.She aint in 18 months since it started.He says he knows her and cant believe she would do this.sine registered ltter was sent on husbands behal by me, he is going to give here a
phone call.He says he is going to give her chance to make it right or we go to the judge.My question is Can a person in TN go to jail for breeching the actions of a trustee.

 

[Dandy Don]

Yes, you are on the right track. So glad that you are finally getting to the bottom of what happened, which means she probably stole some of the money. Yes, it looks as if she will be charged with breach of trustee/fiduciary duty. You also need to ask your attorney to help you find out whether or not an executor's/trustee's bond was required to be purchased or not.