What can we do if we are beneficiaries of an out of state Trust and the trustee is not answering our basic questions about the progress of the Trust?

Asked on November 1, 2014 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can bring a legal action in surrogate's or chancery court seeking a court order to compel the trustee to answer certain questions and/or more generally give an accounting of the trust. Because you are seeking what is known as "equitable relief"--i.e. a court order--and not a monetary judgment, this is more complex than, for example, just suing a contractor for a breach of an agreement or contract; you are advised to retain an attorney (someone with "trusts and estates" experience) to help you.


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