What information am I entitled to receive and when?

[alexander468]

The state is Pennsylvania.

My father had a revocable living trust. During his cognitive decline, a sibling had full POA for several years and is now executor after his passing. I've been informed that some assets must go through probate, so an estate account is being created similar to the trust account. That does not mean the trust account is going away, right? I received no information during my sibling's years as POA. Am I entitled to see records of the trust account or other accounts from my father during those past years to confirm accounts were managed properly? Just because some assets must go through probate, does the trust distribution need to wait until probate is cleared? As a beneficiary and intended recipient of a trust share, am I entitled to see the amounts in either or both accounts? Is a summary of the steps in the process published anywhere? I am concerned about the possibility of my sibling's cognitive decline...and mine...and everyone's actually, so I apologize about asking questions about such basic things. This will only take place once in our lives.

 

[adjusterjack]

Probate and the administration of trusts are complex. You might have a right so some information but probably not anywhere near as much as you want.

Here are the PA statutes. Chapter 31 is Probate, Chapter 77 is Trusts.

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

The answer to your questions is in there somewhere.

Have you asked your sibling for the information you seek? Did your sibling refuse? If you did not ask, try asking.

If you suspect that your sibling is engaged in wrongdoing, I suggest you consult an estate attorney.

 

[alexander468]

I suspect everyone of wrongdoing, including myself at times. I am a generally suspicious person. This is January of 2025. I am also suspicious of estate attorneys and of laws and of strangers online. Such is the world we seem to live in now.

 

[quincy]

I suspect everyone of wrongdoing, including myself at times. I am a generally suspicious person. This is January of 2025. I am also suspicious of estate attorneys and of laws and of strangers online. Such is the world we seem to live in now.

So … did you ask your sister for the information you seek?

 

[alexander468]

That's an important question and thank you for asking it. It's difficult to know how much time should pass before these conversations happen. I will ask.

 

[quincy]

That's an important question and thank you for asking it. It's difficult to know how much time should pass before these conversations happen. I will ask.

Asking your sister for the information sounds like the first best step to me.

 

[adjusterjack]

That's an important question and thank you for asking it. It's difficult to know how much time should pass before these conversations happen. I will ask.

When my parents died the conversations about the estate occurred after the funerals.

You can monitor the probate case file if you like. It's public record.

 

[LdiJ]

That's an important question and thank you for asking it. It's difficult to know how much time should pass before these conversations happen. I will ask.

You don't however, technically have the right for any information or accounting for the period that your sibling was the POA. I personally would be insulted if one of my siblings asked for that sort of accounting.

 

[stealth2]

When my parents died the conversations about the estate occurred after the funerals.

Lucky you! My brother had us at the lawyer's the day after Mom passed.

 

[Just Blue]

Lucky you! My brother had us at the lawyer's the day after Mom passed.

Your brother is a (fill in the blank).

 

[not2cleverRed]

Lucky you! My brother had us at the lawyer's the day after Mom passed.

My brother wanted us to gather for a reading of the will day of. LOL. It wasn't even the most recent will. And it was basically a pour over will anyhow.

 

[Just Blue]

My brother wanted us to gather for a reading of the will day of. LOL. It wasn't even the most recent will. And it was basically a pour over will anyhow.

I'm going to guess your brother failed his sensitivity classes. Amiright?

 

[zddoodah]

My father had a revocable living trust. During his cognitive decline, a sibling had full POA for several years and is now executor after his passing.

Questions:

1. During your father's lifetime, was he the trustee of the trust? If not, who was the trustee?
2. Who is the trustee now?
3. When did your father die?
4. You wrote that "a sibling . . . is now executor." Does this mean a sibling of yours or a sibling of your fathers? Was this sibling actually appointed by the probate code to serve as executor? If not, what do you mean that he/she "is now executor"?

I've been informed that some assets must go through probate

Informed by whom? Must go through probate because...?

an estate account is being created similar to the trust account. That does not mean the trust account is going away, right?

No one here has any factual information beyond what you have provided. If the sibling, in his/her capacity as executor of your father's estate, has opened "an estate account" (which I assume means a bank account in the name of "[sibling's name], Executor of the Estate of [your father's name]," that has no connection whatsoever to any bank account that the trustee of the trust may maintain or have maintained.

Am I entitled to see records of the trust account or other accounts from my father during those past years to confirm accounts were managed properly?

With respect to a trust bank account, section 7780.3 of Title 20 of the Pennsylvania Statutes provides that a current beneficiary of a trust has the "right to receive, at least annually, upon request, periodic written financial reports concerning the trust." Note that, if you were not a current beneficiary when your father was a live, you likely have no right to information about the period of time prior to his death. With respect to "other accounts from [your] father," I can't think of any reason why you would have any right to see such records.

Just because some assets must go through probate, does the trust distribution need to wait until probate is cleared?

Depends on the relevant facts.

I am concerned about the possibility of my sibling's cognitive decline.

Depending on how much money is at issue, you might want to consider consulting with a local trust attorney.

 

[stealth2]

My brother wanted us to gather for a reading of the will day of. LOL. It wasn't even the most recent will. And it was basically a pour over will anyhow.

It was already EOB... And we both had copies of her will anyway.