What is a aiver of Accounting and Petition for Discharge?

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What is a aiver of Accounting and Petition for Discharge?

I am a beneficiary of a Will. My father is the trustee and won’t give me a copy of the Will. My sister holds the reports for the account in which the money I inherited was put. She won’t give me the paperwork until next quarter because she said she cleaned out her papers and thew them out by accident. The trust cannot be spent until my mother passes away. Now my father he wants me to sign this waiver. My father has never given me any paperwork except this paperwork to sign. Do you think my father and sister have done something wrong?

Asked on November 17, 2011 under Estate Planning, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

Okay, I am having a bit of difficulty following here.  Is there a trust or is there a Will or is there both?  A trustee is the fiduciary and administrator of a trust.  The executor is the person who administers the wishes of the decedent through a Will.  Is this a living trust you speak of - created in the lifetime of the trust's creator?  Or a testamentary trust, which is created by the Will?  Whose Will is it anyway?  Because it appears that neither parent is deceased.  You get a copy when the person passes away and the Will is being submitted to probate.  Listen, I don't want to cause family problems but I think that you should sign nothingand seek help from an attorney in your area.  Demand to see all documentation.  If you can give more info please write back.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The question I hgave for you, is do you belive that your father and sister have done something improper about the Estate that you are writing about? If so, you should consult with a Wills and trust attorney about your situation. I personally would not sign any documentation presented to me unless I have a copy of the Will and trust that you are writing about.

If there is a probate proceeding concerning the Estate that you are writing about, I would go down to the county courthouse where you thing the probate proceeding is filed and review the entire file located in the clerk's office. The probate proceeding is a public record and you would be able to review the Will that you have inquired about.


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