I was told by oldest brother (KL) and dad before 2010 that KL and I were the only 2 trustees of my mom and dad’s Trust, with all 5 children as sole beneficiaries. I have never seen a copy of the Trust to my recollection.
Our dad passed away in July 2013.
KL has been managing the Trust properties and mom's income taxes since our dad’s passing since our mom has limited english understanding and is computer illiterate. All 4 children put faith in KL to handle this task since he is the only one retired and has the most business and real estate knowledge among us.
Our mom had massive stroke in December 2017, is currently incapacitated, and is going thru rehab at hospital now.
After my mom’s stroke, I felt an urgent obligation to understand the Trust management in case I had to take over KL's responsibilities for any reason.
KL has unexpectedly been totally uncooperative for my requests to see any Trust and financial documents.
After doing a little research, I strongly suspect KL of misconduct because of 2 purchases he made from the Trust since my dad’s passing, which KL obtained for below 50% below market value.
This situation is difficult. Unless the trust is an A-B trust where part became irrevocable, you do not have aright to an accounting as long as the trust can be amended or revoked. If your mother has lost capacity AND is not in a conservatorship, you technically could ask for an accounting and a copy of the trust. HOWEVER, your brother could become conservator of your mother and then you would not have the right to an accounting. BUT your brother would have to account for expenditures under the conservatorship.
ALSO, when your mother dies, you are entitled to an accounting back to the day your brother became trustee.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
If you and your brother have been trustees as your brother and Dad said since at least 2010, then you should have been regularly involved with the management of the trust since then. I hate to have to say this, but if you actually are one of the trustees you have been derelict in your fiduciary duties as a trustee because you just let the other trustee have free reign in contravention of the Trust’s direction for you both to be Trustees (assuming you assented to bring a trustee).
As my colleague stated, it is a difficult situation since if you are not one of the trustees then more would need to be done in order for you to be able to see the trust.
Based on your dad and brother’s affirmation (apparently against his own interest) that you’re a trustee, and because of his apparent “self-dealing” (something you as co-trustee need to prevent) you may want to consider getting some legal assistance
I agree with the others but if you believe that you are in fact a trustee and are being pushed out, and that he is improperly using trust money (and you have evidence), you can file a Petition for Instructions with the court and see if you can get a copy of the trust that way as well as see if the court will order an accounting based on your evidence. It is a needle you would need an attorney to thread but it seems worth a try.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline