QUESTION

will & estate

Asked on Mar 03rd, 2021 on Estate Planning - New York
More details to this question:
in a Trust with three trustees, I am one of the trustees, even if I never asked about the situation of the trust for many years, now that I am interested in having information about the management do I have the right to get those informations when I ask the other trustees?
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Wills Attorney serving Austin, TX
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In theory, yes.  But you may have violated your fiduciary duty as trustee by not doing anything for years and put yourself at risk for any other trustee's violation.  Review the trust documents and records.  It may be more prudent to resign.
Answered on Mar 04th, 2021 at 5:27 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
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Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. All named co-trustees have a right to manage the trust and have information on the accounting of the trust. So, a trustee has a right to information on the management of the trust. Also, all trustees have a fiduciary duty toward the beneficiaries. Each of the trustees can manage the trust separately or jointly. Ideally, the trustees will act jointly or split tasks because acting separately can lead to confusion and overlap of tasks. If a trustee has not helped manage the trust and now wants information on the trust management or to help manage the trust it would be permissible. On the other hand, the other trustees could attempt to claim that the trustee who has not done anything over the years has breached the fiduciary duty for the failure to manage the trust. Still, unless a court order removes a co-trustee, a co-trustee has a right to information on the management of the trust. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Answered on Mar 04th, 2021 at 5:16 AM

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