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What can be done if a trustee on an estate refuses to provide any financial information statements etc but still charges a fee

Sarasota, FL |

My parents left two estates. Neither of them wanted one brother to be able to have control over any money
Through a series of legal wrangling I was removed as trustee and replaced that particular bother. The reason for that is complicated. However since gaining trusteeship he has done everything possible to negate the estate plans. In the process he refuses to provide any information regarding the value of the estate, has instructed the account broker to deny me any information about the estate to which I am a 50% beneficiary. He has instructed other brokers involved not to send me any statements and yet he still charged a service fee. His email response to me asking for all information has been that I either sign a document releasing him of his fiduciary responsibility or no information

Attorney Answers 4


  1. Best answer

    His refusal to provide information to Beneficiaries in and of itself is a violation of his fiduciary duty. Time for you to sit down with a Estate Litigation attorney. See Avvo.Com under Find-A-Lawyer. Good Luck!


  2. I agree with Attorney Potter. You have rights as a beneficiary and you should not agree to waive any rights before speaking with an attorney.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. This is what the courts are for. Man, so many people set up family trusts thinking that everything will run smoothly and that all of the siblings will work things out. As a planning tip, let me recommend to anyone reading this to consider a corporate trustee, if you are going to have a trust agreement at all.

    Do you know the consequences of your legal situation on your Financial & Estate Plan? Dennis Phillips is an attorney and financial planner based in South Florida; and he is the principal of 411 Financial, 411 LegalDox, and 411 FlaLaw which provide investment and insurance products and services nationwide, and legal products and services in Florida. Securities and investment advisory services are offered through Brokers International Financial Services, LLC, member FINRA/SIPC, Panora, Iowa, Brokers International Financial Services, LLC is not affiliated with 411 Financial, 411 LegalDox, or 411 FlaLaw. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.


  4. You have a right to an accounting and should send formal request. I would strongly recommend a consult with a trust litigation attorney as well.