Legal Question in Wills and Trusts in Arizona

Executor rights re: trust

Hi there...Our family has proof of second successor executor and a handwritten letter from the trustees asking that when it's time to liquidate the trust, the primary executor work WITH our executor to dispense the estate. She did no such thing and never contacted us, acting alone in liquidating the trust, which is not only violating the expressed wishes of the trustees, but suspicious. We have sent the letter of proof and signed amendment naming us as second successor to the trust investment manager and the law firm that drew up the papers. Do we have a right to see all documents and amendments with our standing?

We don't trust the primary executor since she purposefully operated in a vacuum and we have never been sent any of the changes etc. over the years.


Asked on 9/19/07, 4:41 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Executor rights re: trust

Not all facts are clear here.

If the primary trustee is willing to act, and does so, the successor trustee does not have authority. This, of course, all depends on the specific wording of the trust, which I do not have.

The beneficiaries have a right to an accounting and a copy of all documents.

Good luck. For a definitive opinion, show the trust and will to an attorney.

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Answered on 9/21/07, 4:37 am


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