Mother passed away, trustee says all children must agree before he can answer my questions

My mother dies and her atty, who was her trustee in K’zoo say he cannot answer any question or provide info to me w/o my tow brothers consent. I have no contact with them of any kind. He says this is because of MI legal ethics.

I see no reason why I must have the consent of others who are my equals in the estate and suspect the atty is blowing me off for reasons unknown.

Asked on August 20, 2018 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no legal reason why he would need the consent of all beneficiaries to answer questions about the trust--he can't *act* for one of you at another's expense, of course, but he can provide information. If he won't, your recourse would be to bring a type of legal action traditionally called an action for an "accounting" (your state may have a different name) in which, as an interested party (a beneficiary), you ask the court to make the trustee "account" for his actions and demonstrate that he is following the instructions of the trust and acting in the beneficiaries' interests. You bring this action in county court, traditionally in the "part" or division of the court called "chancery" (the part that deals with ordering people to do things, not just awarding money). An action like this can be complex; you are advised to retain an attorney of your own to help.


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