QUESTION
Is there a statue of limitations on pursuing legal action on a sibling who is the executor of a family Trust, for not paying out what is owed?
Asked on Oct 10th, 2014 on Family Law - New Jersey
More details to this question:
I am trying to find out if I may legally pursue funds owed to me from a family trust. My brother had power of attorney over Family trust in Mother and Fathers name. Father died in 2002, mother died in 2010. Therefore I believe it has been 4 years since this has been owed. Would I have a case, and what is the first step? I have sent numerous emails requesting all Accounting documentation with no reply from him.
1 ANSWER
2 Awards
You will have to file a demand for an accounting. If you have a copy of the trust, try to see whether or not an accounting is required. If it is not, you can still make a demand for an accounting to the court. If your brother does not provide the accounting he can be removed as the trustee. You should consult with a lawyer to help you with this.
Answered on Oct 11th, 2014 at 6:09 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship