Skip to main content

Am I allowed to see the bank statements of a trust that was managed for me by a family member when my parents died ?

Brooklyn, NY |
Filed under: Trust beneficiaries

My father died in 1997. A trust was set up that was managed by my uncle. I have reason to suspect that he might have used a substantial portion of my money on a real estate purchase. I have been asking him to see the bank statements from that time period and he is denying my requests. There may have also been other funds used in inappropriate ways. He lives in California and I live in New York City. I was 20 years old when the trust was established.

Attorney Answers 2

Posted

Is the Trust still in existence? I'm asking because of concerns with the Statute of Limitations.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Mark as helpful

1 lawyer agrees

10 comments

Asker

Posted

No. It is not.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

When did it terminate.

Asker

Posted

I believe it was 2006.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

It makes a huge difference whether it was 2006 or 2007. Was the trust formed in NY or California.

Asker

Posted

It was actually formed in Florida in 1997. My uncle said he managed it for nine years. He won't give me any other information right now .

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

It may not make much of a difference. The prevailing rule is that once you received the final accounting you had to take action within a relatively short period of time, and it appears that period has passed. You may want to post in California.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

and in Florida. Did you receive a final accounting?

Asker

Posted

What do you mean by receive a final accounting? I was never given any information about how the money was used. I was given a final "distribution" of money. Is that what you mean?

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Once a trust is terminated, a final accounting needs to be filed with the Court. It is generally given to the the beneficiary. It is possible that one is on file and you are not aware of it. It is also possible that such a final accounting was not done and therefore the Trust may be considered active. You're going to need to hire an attorney in California to force your uncle into providing information.

Nancy Robin Stone

Nancy Robin Stone

Posted

I just saw these comments after I gave my own answer. It sounds like it would be worthwhile for you to compel an accounting in the state that has jurisdiction over the trust. Was the trust under your father's will and did your father live in Florida? If so, you can compel an accounting in Florida.

Posted

If you are asking as a current trust beneficiary, the answer is "yes". You should be provided with information regarding the trust for your benefit, especially if you request it. If the trust has terminated, and if it was a New York trust, it may make sense for you to bring a proceeding to compel an accounting, depending upon how long ago the trust terminated and how long ago your Uncle gave up responsibility for the trust.

Mark as helpful

1 lawyer agrees

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics