What To Do if Your Trustee Is Unresponsive
By definition, a trustee is duty-bound to communicate with beneficiaries and keep them reasonably informed relative to trust administration. If you encounter an unresponsive trustee, you may struggle to execute the trust. For example, the trustee must:
- Give beneficiaries a copy of the trust document
- Provide information regarding the anticipated timeframe of the trust administration
- Prepare an annual accounting (summary of the trust’s income and expenses).
Unfortunately, some trustees fail to comply to inform. This leaves beneficiaries in the dark about their trust. The reasons for this failure to communicate vary. Some trustees fail to understand their duties. However, such responsibilities fall under the law. Do you work with an unresponsive trustee? If so, this is what you should do:
Examine Your Contact Method for the Unresponsive Trustee
If the trustee fails to respond, examine your contact method. How do you contact them? Do you leave voicemail messages? Instead, send them an email. If a text message returns no response, mail a letter through the USPS.
Try to stay calm. If you encounter an unresponsive trustee, they may fail to reply if you are hostile. Stay calm. Also, keep all communication in writing. Clearly express your questions and requests. And do so without making accusations or threats. However, if none of these tactics work, it may be time to take it to the next level.
Involve the Attorney
If an attorney represents the trustee, contact that lawyer. Even an unresponsive trustee who fails to understand their duty to inform and communicate is held responsible legally. So, the attorney can encourage the trustee to comply with their duties. In fact, they may choose to contact you in the unresponsive trustee’s stead. Feel free to contact the attorney by phone. Then, follow up with an email or letter outlining the information you seek.
Legal Representation for Unresponsive Trustee
Alternatively, you may want to hire an attorney to represent you. An estate planning attorney impartially provides information about your rights and limitations. If emotions run high between you and the unresponsive trustee, an intermediary may help restore the flow of information.
File a Petition
If your efforts continue to hit a brick wall, your last option is to file a petition with the local court. Consult an attorney before doing so. If the trustee fails to respond to the petition, the court may remove the unresponsive trustee. In fact, they may hold them liable for any damages the beneficiaries have suffered as a result of the trustee’s failure to comply with their duty to inform.
Although a trustee remains legally obligated to communicate with beneficiaries and provide them with certain information, you may one day encounter an unresponsive trustee. Whatever the reason, if your trustee is not responding to your requests for information, give them the benefit of the doubt and try a different method. If that does not work, try contacting the attorney that represents the trustee or hire an attorney of your own. As a last resort, you may have to file a petition with the local court if the trustee remains unresponsive. If you have questions about a current trust administration that you are part of, give us a call to schedule an appointment so we can discuss your concerns.
About Skvarna Law Firm in Glendora and Upland, California
A skilled attorney can assist with your estate plan. Contact us today to learn about your options (909) 608-7671. We operate offices in Glendora and Upland, California. We provide legal services for individuals living in San Bernardino, Los Angeles, Orange, and Riverside Counties. This includes the cities of Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Montclair, Pomona, La Verne, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
