What are laws for Ohio beneficiaries ? what rights do i have when the trustee and attorney wont provide me with documents ?

Asked over 1 year ago - Hillsboro, OH

I requested a copy of my trust set up through my mother and grandfather on January 8 of this year, didn't receive it until three weeks later. I made an appointment with the attorney yesterday, i have him on tape. he has apparently found a loophole in the trust and is able to take out funds. is this legal? what do i need to do? i have yet to see any financial documents in the five years that my mother has been gone. also was told to sign a paper to change my age to receive my first disbursement from 21 to 25.

Attorney answers (3)

  1. Charles Lawrence Huddleston III

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Mr. Watling has give you a good answer. There is not enough information to figure out exactly what is going on here. A couple possibilities are that (a) someone has misbehaved and they are trying to keep you in the dark, or, more likely in my experience, (b) your mother's attorney is worried that you are too young and impulsive to handle the inheritance and will blow through the money.

    You need to consult with a trust law expert. You can find a list of the Certified Specialists in Estate Planning, Trust and Probate law at the website of the Ohio State Bar Association. If you cannot find someone nearer home, Hillsboro is not that far from our Centerville office.

    Having said all that, the Ohio Trust Code requires trustees to keep beneficiaries reasonably informed, and to make at least annual accountings so the beneficiary can determine whether or not the trust is being properly administered. If you send a certified letter to the attorney for the trust, or to the trustee if that is not the attorney, you can demand an "accounting" under Ohio Revised Code Section 5808.13. If you do not receive the accounting, you can file an action in Probate Court to compel the trustee to provide the required report.

    Be careful. While it is possible that the trust is being improperly administered, it is also possible that the trustee has your best interests at heart and is trying to protect you from youthful mistakes ... for which you may someday be grateful. But you are entitled to find out and you need to know. Good luck.

    Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus... more
  2. Justin Jay Watling

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The facts and issues are too wide-ranging to be addressed In a worthwhile fashion in this forum. You need to meet with an experienced estate/trust attorney to review the situation.

  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    Answered . You have two good reponses-you should follow their advice.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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