What can you do when the trustee of your mother's estate refuses to provide you with bank statements for the final year of her life when you believe the trustee may have misused her funds?

Answer 1

*Check with an attorney, or the court that the trustee makes his report to. *I am not sure you have a right to these. In fact, it may not be right to show them to you and are to be kept confidential. If you have a - specific relevant question or concern -, not just want to go snooping for something like what she has, who she received something from or who she may have paid what too, why don't you just try asking for that? But again, don't be surprised if something worded like "how much money did Mom give my sister last year" does not get an answer. *If you are an hier to your mother's estate, and I assume you are, I believe you are entitled to examine the bank statements, especially if the executor of the estate also had control of your mother's assets during the last year of her life. You should petition the court to order that the statements be provided to you. Don't be surprised if nothing is actually done, though. Rotten stuff goes on all the time concerning estates and probate and usually nothing is done to rectify the wrongs or to punish the perpetrator. Most people learn too late that the executor is mishandling an estate and the courts don't place priorities on doing anything about the wrongs done by executors. The only way to really protect your interests is to learn the code for your state and let the executor know very soon after the death that you are aware of your rights, want to be informed of their plans before the plans are carried out, and will be watching what they do. I believe it would also help to let the court and the estate attorney (if there is one) to know this, too. It helps to keep the executor more honest, or at least his or her damage to a minimum. Also, I would not recommend hiring an attorney. I would look up the code for your state and represent myself. You can actually do everything an attorney can do in cases of probate. Of course, it would not hurt to consult with an attorney, but as far as having him in court, if all states are like Indiana, the process is actually pretty informal, so I would save the money. Not having an attorney present also allows you to say what you want to say without having to go through another person. I'm not an attorney, though, so take this advice however you want. The best advice I can offer to you is to keep a cool head and think about what you are going to do BEFORE you do it. Of course, you might not be able to take a lot of time to think about things, but don't make any rash decisions. It's too easy to make stupid decisions because the emotional aspects of contesting what an executor is doing or has done are very draining. I know. I've been there. ------------------- The above answers are poor. The answers confuse the issue. The trustee of an estate is NOT the executor, although the same person(s) may serve both functions. And to tell you not to seek an attorney's advise is ludicrous. Your state's laws on trusts and estates may only be expertly interpreted by an estates and trust attorney (and I am not a lawyer but I still state that). If you are a named heir, you should have regular reports from the trust's trustees. If you don't then there is a problem. Further, as a beneficiary you generally have the right to examine the trust at any point. If the trustee is not supplying you the records you request: 1. Make sure you document the request, ie, send it certified; 2. Absolutely consult an attorney. If you believe there is trustee malfeasance you are a fool if you don't consult an attorney. 3. Sic an attorney on the trustee. A trust is to be the most sacred agreement in the law. If there is malfeasance (hanky panky) the outlaw trustee should be brought to justice, and made to feel the pain. "When things go wrong, you'll find they usually go on getting worse for some time; but when things once start getting right they often go on getting better and better." C. S. Lewis The Magician's Nephew but ; In what concerns you much, do not think that you have companions : know that you are alone in the world. : Henry David Thoreau

US Transcendentalist author (1817 - 1862) as to pursuing your right to mother's stuff BE IMPECCABLE ABOUT YOUR WORD DON'T TAKE THINGS PERSONALLY DON'T MAKE ASSUMPTIONS ALWAYS DO YOUR BEST : if all else fails : ask the trustee : whom you, i guess, trusted : "what's the deal?" :