Legal Question in Wills and Trusts in Connecticut
Trust fund
My husband recently passed and my brother in-law (his brother) set up a Trust Fund (tax id was assigned) for our 8 year old son. He has taken complete control of all monies and is not advising me on the amount in the account or am I being included in any accounting to verify he is not withdrawing funds. What can I do to force an audit or accounting annually to protect my son? And am I correct that if he withdrawls any money, he will have to pay it back to my son?
1 Answer from Attorneys
Re: Trust fund
You didn't mention if an estate was opened in the probate court.
You stated that your brother-in-law "set up" a trust fund. I can't imagine how he had the authority to do so unless your husband left a will or a probate court entered some kind of orders.
Assuming a proper trust was established by a will left by your husband and your husband designated your brother-in-law as the trustee, and you opened an estate in the probate court, you could ask the probate court to order him to provide an accounting.
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