Legal Question in Wills and Trusts in Colorado

Trustee refuses to provide statements

I inherited some money when my grandfather died when I was a kid. When I was 21 my mother made me sign the trust over to her ( I am 28 now), but was never provided with copies of the documents I signed. She has been administering the trust since then but I have never received any statements. I do not know what type of trust it is, but I do pay taxes on it. I have sent her a certified letter requesting that she provides me with the copies of the documents that I signed as well as statements ( it is my understanding that it is a trustee's obligation to provide statements) but she is not cooperating and I have not received the documents. I do not want to take legal action but I'm running out of options. Is there a process through which she can be forced to provive those documents (subpoena)? If she does not comply, even after receiving a certified letter, does that constitute a violation of her responsibilites as a trustee ?

Thanks


Asked on 2/17/06, 1:27 pm

2 Answers from Attorneys
John Campbell Law Offices of John J. Campbell, P.C.

Re: Trustee refuses to provide statements

Colorado law provides that a trust beneficiary has the right to demand copies of trust documents and accountings from the trustee. Failure to provide this documentation upon request by a beneficiary is a breach of the trustee's fiduciary obligations. You should be able to file a petition to compel the trustee's compliance in the district court in the county where the trust is being administered (probate court if it is being administered in the City and County of Denver).

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Answered on 2/17/06, 2:14 pm
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Trustee refuses to provide statements

Colorado statutes require that the trustee report periodically to the trust beneficiaries. This is not optional on the trustee's part and beneficiaries can compel the trustee to report to them on the trust status.

You should contact an attorney in your county who is experienced with trust matters. That attorney can assist you in obtaining information from the trustee. The attorney's help may include filing on your behalf with the local District Court.

No portion of this electronic message is intended to be used and cannot be used as tax advice or to attempt to avoid any tax penalties.

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Answered on 2/17/06, 3:36 pm


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