Legal Question in Wills and Trusts in New York

legal right of beneficiary to testimentory trust

young woman turns 21, she has a trust left by her mother, she will get the monies in 15 years. Her uncle is Trustee. He sends annual reports on his letter head, that he summarizes. Since the trust's inception the woman has never received any actural documents backing up where the money is or the gains or losses. She called her uncle, asked for the trust document and asked for some verification of the money with actual statements as reference. He told her to get an attorney to even get a copy of the trust. What are her rights, and is the Trustee not obligated to get her this information? She is in Mississippi and the Trust was created and remains in New York.


Asked on 4/21/07, 11:47 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: legal right of beneficiary to testimentory trust

Presumably the document creating the trust requires that the beneficiary get periodic accountings from the trustee. I suggest that an attorney be retained to write a simple letter requesting all documents, including copies of the document creating the trust, statements on investments and an accounting of all that has happened since the trust was created. If there is no sufficient response, a suit to compel an accounting may be necessary. Without seeing the document, the beneficiary is at a loss as to what has been happening, if the funds have been properly invested and handled, what rights the beneficiary may have before ultimate distribution, etc.

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Answered on 4/21/07, 1:26 pm


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