Legal Question in Wills and Trusts in Massachusetts
Trustee's responsibility
Trustee of a small family revocable Trust in the state of Massachusetts submitts annual accounting but refuses to disclose copies of bank / investment company statements. The trustee changed the Trust account numbers and replaced the name of the Trust with her name.
Do I, as a beneficiary, have the right to request copies of the bank statements?
3 Answers from Attorneys
Re: Trustee's responsibility
You always have a right to request, the question is whether you have a right to receive the documents. If the trustee is not paid on an hourly basis, call her up and in a very friendly manner ask her why she will not supply the information. Perhaps you can do something that she feels is a waste of time. Be sure to have a good reason beyond not trusting her. Her putting her name on the trust implies that she has taken over the assets, so you probably need to demand she return all the assets and supply a current accounting. Get the trustor to remove her.
Re: Trustee's responsibility
Absolutely. I'd draft a carefully worded, polite but clear letter documenting when you noticed all of the changes of names, account numbers, etc. Request a response within 30 days. Send the letter by certified mail so you can document that you did, in fact, send it.
If you are not satisfied with you response, I strongly advise you to consult with a Massachusetts attorney.
: Trustee's responsibility
The trustee may have exceeded his/hers scope. YOu can and should ask for both bank statements, and the authority by which the name of the trust was changed.
YOu may also ask what else has been changed.