A trustee generally has a duty to keep beneficiaries reasonably informed about trust administration and respond to appropriate requests for information. Depending on the trust and applicable law, this may include providing a copy of the trust document and periodic reports about the trust’s assets, income, expenses, and distributions.
If your trustee is not responding, begin by documenting your requests and trying another method of communication. If that does not work, contact the trustee’s attorney or retain your own. Court involvement may become necessary when a trustee continues to ignore reasonable requests.
What Information Must a Trustee Provide?
A trustee’s specific responsibilities depend on the terms of the trust and the law governing it.
In Maryland and the District of Columbia, a trustee’s duty to inform may require the trustee to:
- Keep qualified beneficiaries reasonably informed
- Respond to reasonable requests about trust administration
- Provide a copy of the trust document upon request
- Notify beneficiaries of certain events
- Provide reports describing trust activity
- Account for trust assets, liabilities, receipts, expenses, and distributions
The District of Columbia’s duty-to-inform statute expressly requires a trustee to keep qualified beneficiaries reasonably informed. Unless unreasonable under the circumstances, the trustee must also respond promptly to requests concerning trust administration.
The statute defines a trustee’s report as including information about trust property, liabilities, receipts, disbursements, distributions, trustee compensation, and trust assets.
Maryland imposes similar duties under Section 14.5-813 of the Maryland Trust Act.
However, not every beneficiary is entitled to every document or piece of information in every situation. The trust’s terms, the beneficiary’s status, when the trust was created, and whether the trust is revocable can affect the trustee’s obligations.
Why Might a Trustee Be Unresponsive?
Unfortunately, some trustees fail to comply with their duty to communicate. This can leave beneficiaries in the dark about what is happening with the trust.
A trustee may be unresponsive because they:
- Do not understand their legal duties
- Are overwhelmed by the administrative work
- Are waiting for information from attorneys or financial institutions
- Do not know the answer to the beneficiary’s question
- Are avoiding family conflict
- Have incomplete trust records
- Are failing to administer the trust properly
A delayed response does not automatically mean the trustee has committed misconduct. Trust administration can take time, particularly when assets must be located, valued, sold, or used to pay debts and taxes.
However, repeatedly ignoring reasonable requests may indicate a more serious problem.
3 Things to Do if Your Trustee Is Unresponsive
1. Examine Your Contact Method
First things first, consider how you have tried to contact the trustee.
If you left a phone message, try sending an email. If a text message received no response, send a letter through the mail.
Written communication is often best because it creates a record of:
- The date of your request
- The information you requested
- Any deadline you provided
- The trustee’s response or lack of response
Keep your message clear, specific, and civil. Avoid accusations or threats.
If your previous conversations have become argumentative or hostile, communicate in writing. A calm written request may be easier for the trustee to understand and address.
What Should Your Written Request Include?
Your letter or email should identify the trust and explain your relationship to it. It should then list the specific information you are requesting.
Depending on the circumstances, you might request:
- A copy of the trust document
- Confirmation that the trustee has accepted the position
- An inventory or list of trust assets
- A trustee’s report or accounting
- Information about prior distributions
- The anticipated timeline for administration
- An explanation for a delayed distribution
- The trustee’s current contact information
Ask the trustee to respond by a reasonable date. Retain copies of the request and any delivery confirmation.
If you have tried multiple methods in a civil manner and still receive no response, it may be time to involve an attorney.
2. Involve an Attorney
Involving an attorney can be a two-part process.
Contact the Trustee’s Attorney
If an attorney represents the trustee, you can try contacting that attorney.
Even if the trustee does not understand the duty to inform beneficiaries, the attorney should understand the applicable requirements. The attorney may encourage the trustee to respond or may communicate information on the trustee’s behalf when authorized to do so.
Depending on the legal engagement, the trustee may have asked the attorney to handle communications with beneficiaries.
Contact the attorney by phone and follow up in writing. Explain:
- Who you are
- Your interest in the trust
- What information you requested
- When and how you contacted the trustee
- Whether the trustee responded
- What information remains outstanding
Remember that the trustee’s attorney represents the trustee, not the beneficiaries. The attorney may be unable to provide legal advice to you or disclose certain information without the trustee’s authorization.
Hire Your Own Attorney
You may also want to retain an attorney to represent your interests as a beneficiary.
Your attorney can provide an impartial assessment of:
- Whether you are entitled to the requested information
- Whether the trustee has had a reasonable amount of time to respond
- Whether the trustee may have breached a legal duty
- What remedies may be available
- Whether court involvement is appropriate
If emotions are running high, an objective intermediary can help. A letter from a beneficiary’s attorney explaining the trustee’s duties and the beneficiary’s rights may be enough to restart communication without filing a court proceeding.
3. File a Petition With the Court
If your attempts to communicate with the trustee have failed, even with an attorney’s help, filing a petition with the appropriate court may become necessary.
Court involvement should usually not be the first step. It can increase costs, create additional delays, and intensify disputes among the trustee and beneficiaries.
Consult an attorney experienced in trust administration or fiduciary litigation before filing a petition.
What Can a Court Do About an Unresponsive Trustee?
The available remedies depend on the facts, the requested information, the trust terms, and applicable law.
A court may be able to:
- Compel the trustee to perform required duties
- Order the trustee to provide an accounting
- Require the trustee to produce trust records
- Prevent the trustee from taking certain actions
- Appoint a special fiduciary
- Suspend or remove the trustee
- Reduce or deny the trustee’s compensation
- Order the trustee to restore property or pay damages caused by a breach
- Grant other appropriate relief
Under Section 14.5-901 of the Maryland Trust Act, a court may order several forms of relief for a breach of trust. These remedies include compelling performance, ordering an accounting, suspending or removing a trustee, and requiring the trustee to redress a breach.
Removal is not automatic simply because a trustee has been slow to respond. Under Maryland’s trustee-removal statute, a beneficiary may request removal, but the court must determine whether a statutory basis exists.
The District of Columbia’s trustee-removal statute similarly allows a beneficiary to request removal for reasons such as a serious breach of trust, unfitness, unwillingness, or persistent failure to administer the trust effectively.
What Information Can Be Obtained Through Court Proceedings?
Filing a petition may provide access to formal legal tools for obtaining information.
Depending on the type of proceeding and applicable court rules, these tools may include:
- Requests for documents
- Subpoenas
- Depositions
- Written questions
- Testimony under oath
- Records from banks or financial institutions
These procedures may help a beneficiary obtain information from the trustee or directly from third parties.
However, court proceedings should be carefully tailored to the issue. The cost of litigation can reduce the trust property ultimately available to beneficiaries.
Keep a Record of Every Communication
Before contacting an attorney or filing a petition, organize your records.
Keep copies of:
- The trust document, if available
- Letters and emails sent to the trustee
- Text messages
- Notes about phone calls
- Delivery confirmations
- Prior trustee reports or accountings
- Distribution records
- Communications from the trustee’s attorney
A clear timeline will help an attorney evaluate whether the trustee’s delay is reasonable and what steps should be taken next.
Take Each Step in Order
A trustee is legally obligated to communicate with beneficiaries and provide certain information, but trustees can still be unresponsive. They may not understand their duties, may misunderstand the beneficiary’s request, or may be experiencing delays in the administration process.
Whatever the reason, begin by giving the trustee the benefit of the doubt. Make a clear written request and try a different method of communication.
If that does not work, contact the trustee’s attorney or hire an attorney of your own. As a last resort, you may need to petition the court to obtain the information or other relief to which you may be entitled.
Speak With a Trust Administration Attorney
If you have questions about a current trust administration, contact Andre O. McDonald, a knowledgeable Howard County, Montgomery County, and District of Columbia estate and trust attorney, to discuss your concerns.
- Howard County: 443-741-1088
- Montgomery County: 301-941-7809
- District of Columbia: 202-640-2133
You may also request a consultation online.
DISCLAIMER: THE INFORMATION POSTED ON THIS BLOG IS INTENDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONVEY LEGAL, INSURANCE, OR TAX ADVICE.
