Legal Question in Wills and Trusts in Pennsylvania
My sister in law is sole trustee for a special needs trust for her brother. He is mentally ill but considered competent by both his psychiatrist and a lawyer. She has been managing this trust for over 2 years and has never provided any accounting to the beneficiary. She has told him what monies are there and once showed him a sheet of paper with the total spent over a year.
Is he entitled to copies of the accounts and details of her spending under Pennsylvannia law?
1 Answer from Attorneys
It depends. Is this a self-funded (first party) trust or a trust set up by a parent or guardian wtih the parent's own funds? If the latter there should to be language in the trust addressing this.
Also, has the beneficiary made a written demand on the trustee for an accounting? Do the accountings have to be filed with the court? My guess is that if they were filed, then the beneficiary would have received it, but its hard to say here. The beneficiary or his legal guardian, if any, should make a written demand for an accounting.
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