brother is successor trustee and I am co-trustee. Trust became irrevocable upon
dad’s death. Mom just died this month. As co-trustee, do I have a right to an
accounting from successor trustee. Successor trustee has taken money over the
years for his own use and has told me to mind my own business. Can the successor
trustee take my inheritance?

Asked on August 21, 2018 under Estate Planning, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  I am a bit confused as to what happened here.  Your brother was successor trustee after whom?  Who was the other co-trustee with you originally?  While you get that ironed out, I suggest that you seek help from an attorney asap.  It sounds as if your brother breached a fiduciary duty but only the terms of the trust will tell you that.  If he was permitted to take the funds then it would be in the trust terms.  Likely he was not, but you understand that the trust governs.  And yes, he has to account for all the funds taken and used to everyone.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.