Legal Question in Wills and Trusts in Ohio
Our Trustee refuses to give us any real information
My husband received a trust fund from his grandma and great grandma when they past. Originally, some monies were due to his mother but since she was already past, they went to her next of kin. The trustee is his mothers sister.. so my husbands aunt. We need a copy of the trust fund to prove that we have income to purchase a house, she pays the college tuition etc and living expenses. She has been late on her payments and has threatened us, saying that it is not a requirement that she sends my husband to college. Our only contact is thru email, she refuses to give us her phone number or address to contact her with. We only know she is in ohio. Neither of the grandparents passed in ohio. We live in NV now, and am unsure of how to find information concerning his aunt. We told her we were going to file legal preceedings if she didn't contact us, she simply stated she is not legally responsible to show us the trust fund. She is also four months late on payment to the ex wife who has custody of one of the children. Is there anything that we can do to get the trust fund paperwork in our hands?Thank you for your help
1 Answer from Attorneys
Re: Our Trustee refuses to give us any real information
As a beneficiary of the Trust, you may or may not have access to see the body of the Trust, short of court intervention. However, you may be entitled to an accounting of the Trust to ensure that the fiduciary (the aunt) has met her obligations in handling the assets in the Trust. It is also possible, though, that the Trust contains language which makes it difficult or precludes the aunt from any reporting requirements.
The matter regarding child support payments to the ex-wife (although your question did not clearly identify who's ex-wife in involved) may be of more serious concern, again according to the Trust document and any court-ordered support. This issue may be the strongest issue to lead to a verification of the Trust document.
The matter is potentially a difficult legal issue that would require some investment on your part to begin the process, but depending on the amount involved may be worth the effort.
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