Trust administration
The trustee will not tell me anything. What am I entitled to?
More than most beneficiaries realize, and silence past a certain point stops being a family matter and becomes a legal one.
You are entitled to more than most beneficiaries realize, and silence from a trustee — while extremely common — is not lawful past a point.
What you can ask for
- A copy of the trust. As a beneficiary of an irrevocable trust you are entitled to the terms that govern your interest, on request. Not a summary. The document.
- The statutory notification. The trustee owes you a formal notice after the trust becomes irrevocable. If you never received one, that is itself worth knowing, because the period for contesting the trust may never have started.
- An accounting. In most cases you can demand one, and where the trustee will not produce it a court can order it.
- Reasonable information about the administration. What is being sold, what is being paid, and roughly when you should expect a distribution.
Make the request in writing
This matters more than it sounds. A written request dated and sent creates a record of what was asked and when. Trustees who ignore a phone call frequently answer a letter, and if the matter ever reaches a judge the difference between "he never told us anything" and a file of unanswered letters is the whole case.
What usually turns out to be true
Most of these resolve on the accounting. The demand is made, the records are produced, and what looked from the outside like concealment turns out to be disorganization — a sibling who took on a job they did not understand, fell behind, and then stopped answering the phone because they were embarrassed.
Sometimes it turns out to be the other thing. You cannot tell which from the outside, which is exactly why the information matters.
One thing to be clear about
The trustee's attorney does not act for you. They act for the trustee, even when they are pleasant, even when they answer your questions, and even when the trustee is your brother. If you need advice about your own position, it has to come from someone who is not also advising the person you may end up in a dispute with.
Also on trust administration
- When can a trustee safely distribute trust assets?Distributing early is the one mistake that cannot be undone, because the trustee is personally on the hook for what is then missing.
- I have been named successor trustee. What do I do first?There is a sequence, it starts sooner than most people are told, and the first ninety days decide the next three years.
- Do I have to notify beneficiaries when a trust becomes irrevocable?Yes, and the notice is what starts the clock on any contest. Serving it early is what closes that window early.
- Can a beneficiary force me to provide a trust accounting?In most cases yes, and a trustee who cannot produce one is in a weak position however honestly they have acted.