Rights of beneficiaries

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Rights of beneficiaries

What are our rights as beneficiaries of a trust in VA? We have been
givine no documentation at all to what is in the trust or what has been
spent, etc. How can we figure it out?

Asked on April 9, 2019 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The only way to get information and documentation would be to bring an action for "an accounting" against the trustee(s). This legal action is what it sounds like: it is a legal action to force the trustee(s) to account for their management of the trust. In the course of the lawsuit, you will have access to certain legal processes collectively called "discovery," such as requests for documents, written questions or interrogatories, subpoenas, etc. which can be used to get information and documentation from the trustee(s) or from 3rd parties which may have relevant information (such as banks). This kind of lawsuit is significantly more procedurally and legally complex than, say, the typical small claims case; you are strongly advised to retain an attorney to help you.


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