How do I object to a trustee accounting?

Bankruptcy and Debt 1 views 2 answers
My sister is the trustee of my parents' living trust. I want to object to the most recent accounting she sent me. Do I send a letter to the trustee by certified mail return receipt requested, do I have to send something to the court, what do I say in a letter? I need to know what to do so it's all legal and I can pursue it further if I decide to.

Attorney Answers

2
Janet Brewer ·
The answer depends on how the accounting was presented to you in the first place. If it was filed in court, then you will need to file an "Objection to Accounting" with the court before the hearing date. If the accounting was mailed to you, then you need to notify the trustee by whatever means the trust says and within the time period stated in the trust. A certified return receipt letter would probably meet the notification "type" requirement; you'll need to read the trust to see how many days you have in which to object to the accounting. Whether you object in court or in a letter, you will need to be specific - merely saying "I don't agree with this" is insufficient. If the accounting is complicated, you might start with that and indicate that you will have more specifics after you've had an opportunity to examine it more closely. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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Steven Fromm ·
The prior attorney gave you excellent advice. However, the only other point here is that you should seriously consider having an attorney represent your interests, especially if there is anything complicated or not clear in the accounting. In addition, a trained eye may spot irregularities that you might miss. Also, if this matter is handled via a court hearing, you most definitely want an attorney to assist you. It will be money well spent. Hope this helps. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
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