This is the next post in our series on the rights of beneficiaries during a Hartford, Connecticut trust dispute. Our last article discussed how beneficiaries can receive a copy of the trust. It also stressed the need to retain an attorney to assist you if you are having issues with the trustee. It is important that you retain counsel sooner, rather than later, as waiting to do so may result in unnecessary wasting of the trust’s assets. This article will expand on our prior discussion by discussing how other information, beyond a copy of the trust, can be obtained. If you or a family member are in need of assistance, then contact us today to speak with a lawyer.
Trust beneficiaries typically have a right to demand an accounting of the trust’s assets from the trustee. Such an accounting will typically state what property is in the trust, what assets have been taken out of the trust, and the types of expenses or distributions paid by the trust. It is important to understand that a trustee will have an obligation to provide an accounting report within a reasonable time and on a reasonable schedule. A trustee will typically not, for example, be required to provide a daily accounting. Also, beneficiaries have a general right to disclosure of important information. The extent of this right will depend on the terms of the trust document and other factors.
If a trustee is not providing required information, then simply asking them for it may resolve the issue. However, there are times when asking is not enough. Retaining an attorney to assist you can be the next step. In such situations, counsel will typically not proceed straight to involving the Probate Court. Counsel will first attempt to resolve the situation informally with the trustee. Quite often, receiving a call can help the trustee to realize that they are failing in their obligations, and this can resolve the issue. If, after repeated attempts to resolve the situation, the information is not provided then it may be necessary for the lawyer to bring the matter to the attention of the Probate Court. Also, if the refusal to provide information is part of a broader range of problems, it may be necessary to bring the situation before the Court immediately.
If a Probate Judge finds that information is required but not being provided, then they may hold the trustee in contempt of court. This can result in the trustee facing financial penalties and even jail time in some rare instances. Once the requirements of a contempt finding have been completed then the trustee will still be required to provide the information. If the issue persists, then the Judge may find it necessary to remove the trustee from the case. It must be remembered, however, that how the Court will proceed in any given situation will always depend on the specific facts of the matter.
If you or a family member are in need of assistance, then contact our office today to speak with a Hartford probate lawyer. Our firm has been serving the greater community for decades and we take pride in the level of service which we offer. Contact us online or by telephone today to schedule an initial consultation. We look forward to speaking with you. We also service the areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
