Legal Question in Wills and Trusts in Missouri

uncle's will

My brother and I are beneficiaries to my uncle's estate with his share being 20% and mine 20%. My brother is trustee and I am subsequent trustee. I know for a fact that my brother has taken cash and items which are not listed in the ''final settlement'' letter I received from my brother's attorney. I have asked the attorney to provide me with copies of all statements from the month my uncle died. He refuses and sent only amounts of various accounts. I have no way of knowing how close to the real figures those shown in the attorney's letter are.

There is a paragraph in the trust that states my brother and I are to share personal items (with the 80/20% written later and in reference to accounts), but I am tolld that anything I want has to be sold to me by my brother. Nothing my brother does surprises me. Please help me as time to answer the letter is approaching.

My two main questions are: Do I have the right to see statements of accounts? And the word ''divided'' between he and I. I interpret this are we each get basically the same.

Thank you.


Asked on 5/31/09, 12:51 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: uncle's will

If you do not immediately hire counsel to represent you in this matter, you must contact the auditor(s) of the probate court where your uncle's estate is. Tell them of your specific concerns. If no probate estate has been opened, you will have to sue for an accounting. I have never seen this to be successful without an attorney, even when done by an accountant.

Good Luck

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Answered on 6/01/09, 4:47 pm


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