What to do if the trustee has not given an accounting in 19 months after I have requested one 16 times during this period?

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What to do if the trustee has not given an accounting in 19 months after I have requested one 16 times during this period?

I have never received an accounting and list of assets ever, not once. Also, even though the Trust states that I can occupy one of the units in the house, he won’t allow me to as he has tenants in there.

Asked on September 4, 2013 under Estate Planning, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

It sounds to me as if the Trustee may be in breach of their fiduciary duty under the law.  What you can do is to bring a proceeding compelling the accounting and for the breach.  And if he is denying you the benefits under the trust you need to advise the court that you wish him to follow the terms.  Good luck.


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