Can beneficiary of a trust get copy of trust and a list of assets after trustee died?
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Can beneficiary of a trust get copy of trust and a list of assets after trustee died?
Death in OK. How can beneficiary get a copy of trust and assets held by
Edward Jones company?
Asked on September 9, 2017 under Estate Planning, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The only way to get this would be for the beneficiary to bring a legal action for an "accounting": that is, a lawsuit filed in chancery court (the part of division of county court which can issue orders and deals with trusts, estates, fiduciaries, and other situations where more is being sought than a simple judgment for monetary compenation) in which the court is asked to hold a trustee accountable for his/her actions. A trustee must adminster or manage the trust in accordance with the terms of the trust itself; in addition, he or she must also honor his or her "fiduciary duty," or law-imposed obligation to be loyal to the beneficiaries and to also use reasonable care (i.e. not be careless) in managing the trust. In the accounting, the court can look into trust assets and what has been done with them. If the trustee acted improperly, the court has the power to issue orders requiring that certain things be done (or not done), to remove a trustee or appoint a new one, and to even order a trustee to repay out of his/her own pocket amounts he or she cost the trust.
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