Legal Question in Wills and Trusts in New Jersey
trust
My mother gets checks from a trust from her late husband. Her stepson is the trustee and she has repeatedly over the years asked for an accounting of the trust and gets no response. She is now 82 and starting with dimentia. Can my sister and I take the trustee to court to get the accounting as it looks like we now need to help my mother with her finances? The trustee also does not send the 1099's til the last minute which makes things difficult. Demand letters for the accounting were sent to the stepson several times and ignored.
Thank you in advance.
Jane
1 Answer from Attorneys
Re: trust
I assume that this trust has been in existance for quite a while.
Who are the remaindermen of the trust? I assume from your question that the trustee and his siblings [if there are any] are the trust remaindermen, who would recieve the balance of the trust fund upon your mother's death. Pease advise.
As a trust beneficiary, your mother is entitled to an accounting. If the trustee will not give it to her, she should file a complaint with the court, demanding that the trustee produce an accounting. Typically, the court will give the trustee a set period of time [e.g. 60 days] to prepare the accounting. Then, if your mother has any issues with the accounting, the court can properly address them.
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