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When two people are named as trustees and one has all the trust papers and refuses to share with the other what can be done about this?
Wiki User
∙ 13y ago
Civil court.
Actually the first step would be to contact a lawyer and have them write a notice of demand to produce the required paperwork. In that letter state a reasonable time period and make it clear that if the papers are not produced at the end of that time period they will be sued for pertinent damages.
Civil court will allow you to sue for the amount in cash for which you have been damaged by the persons actions. This includes the legal fees for the lawyer who wrote the letter and the cost of filing the lawsuit. Beyond that you will need to determine the actual value of what this person is holding back from you.
Note that you cannot sue for time lost from work to appear in court and abstract damages such as emotional pain are rarely awarded. You will need to document actual cash values that you have lost due to this persons actions.
If the person is smart they will simply turn over your copies without going to court.
Be sure that when you send them the notice of demand that it has been notarized and sent in a way that allows tracking so that you can prove it was delivered (preferably signature delivery).
If forced to take this to court you want to be able to show the judge that you have attempted to be reasonable and that this person has refused to cooperate in legally turning over paperwork that you require and have a legal right to obtain.
Also make it clear to the judge that you view civil court as a last resort and that you would prefer the papers be turned over along with only the out of pocket expenses in damages paid (cost of court, cost of lawyer to write document) and that any additional damages you list were the theoretical damage that could be caused by this person not handing over the documents (such as whatever share of the trust should have been yours to administer)
Im afraid legal action is the only path to force someone that is not being rational or reasonable.
Added: SIMPLE ANSWER: Notify the Probate Court of your difficulties with your co-executor. The court will deal with the matter and resolve the situation.
Wiki User
∙ 13y ago
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