Obligations of trustee

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Obligations of trustee

My sister who is trustee of our parents estate will not show other family members
paperwork work such as bank statements,life insurance policy,and closing papers
for property that was sold

Asked on September 20, 2019 under Estate Planning, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Assuming you are beneficiaries, or at least reasonably believe (i.e. based on being children of the deceased) that  you are beneficiaries of the estate, you can bring a legal action (lawsuit) commonly called an action "for an accounting." This kind of action is brought in what is traditionally called "chancery" court (that part of state court for your county which deals with, among other things, "fiduciaries," or those persons who manage or control money or assets belonging to or which will go to other people, for those other persons' benefit). In this kind of legal action, the court is asked to do what the description of the legal action suggests: make the fiduciary (and trustees are fiduciaries) "account for" her management of the (in this case) trust--showing that she is following the instructions in the documents (e.g. a will), being loyal to the beneficiaries' interests, exercising reasonmable care, and not diverting to herself or for benefit anything to which she is not entitled. This kind of legal action can be procedurally and legally complex, so you are advised to retain an attorney for it; if you decide to do it yourself, review the rules of court and contact the clerk's office for the chancery court.


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