Trustee Financial Records Disclosure

Summary

As a trustee, you must act in the best interest of all beneficiaries. Nebraska courts may require financial disclosures if undue influence is suspected. Mediation or court intervention can help resolve disputes. Consider contesting any restraining orders if they are being used as harassment.

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I am trustee of a family trust that owns rental properties. I am also a beneficiary with two brothers. They have been antagonistic. The trust states I am not responsible for anything done by original trustors. Could a court require me to turn over all my personal financial records to look for gifts the trustor our mother gave me and not them. They would do this to try to prove favoratism but also to harass me. They did not like my mother choosing me as trustee instead of them.
Hey ****! It sounds like a tricky situation. In Nebraska, courts generally respect the privacy of personal financial records unless there is a strong reason to investigate them. However, if your brothers can show probable cause that you received undue gifts, the court might consider it. Have you consulted with a local attorney regarding this?
yes I did receive gifts , but not undue gifts. I managed all my mother's rental property, provided assisted living care such as meals, cleaning, transportation, nursing care. I included her in everything in my life to give her a better life. I was not paid to do these things so she wanted to give more gifts to me than them. They had lawyers take away management of a family business from her on her death bed so they could hurt me also because I helped her do it . They have been unwilling to agree to distribute the trust. My own lawyer stated they can demand anything they want from me. I am arguing I don't have to give them everything they want. My mother had a legal right to give gifts in her lifetime. The trust states she was sole owner of her trust property in her lifetime.
It sounds like a challenging situation, ****. Here are a few points to remember:
- Your mother had the right to give gifts during her lifetime.
- As a trustee, you must act in the best interest of all beneficiaries.
- Courts may require financial disclosures if there's evidence of undue influence or favoritism.
Have you considered mediation to resolve the dispute with your brothers?
That has been suggested. Even the lawyer for my brothers has told my lawyer they are unreasonable. Being face to face is likely to be unproductive.
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It sounds like a difficult family and legal situation, ****. While mediation may seem unproductive, sometimes a neutral mediator can help facilitate communication.
- Nebraska courts prioritize fairness and transparency in trust management.
- If mediation isn't an option, consider seeking a court's intervention to resolve the dispute.
Would you like any more information on legal procedures or possible next steps?
I have been in court for months now. I am like a clerk giving them information for court, managing property, not getting paid anything to do it. My brothers have taken over management of some property and harass the tenants illegally.. I want my lawyer to bring this information to court. The trusts says the court is not to be used for settlement. My brothers are using it to harass me. I want to find a way to get the court to say stop.
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****, it sounds like a tough situation. Nebraska courts may intervene if harassment or mismanagement is evident. Consider filing a motion to compel your brothers to stop the harassment. Have you discussed this specific option with your attorney?
They got one against me saying I can't sell any property to distribute the trust. This restraining order is harassment itself.
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****, it seems you're caught in a tough legal and family dispute. In Nebraska, if a restraining order feels unjust, you may contest it by providing evidence that it is being used as a tool of harassment. Have you discussed the possibility of contesting the restraining order with your lawyer?
No. I feel lawyers are letting my brothers lawyer lead the way as though only beneficiaries have rights and I am there only to serve them.
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****, it sounds like you're in a complex legal battle. Here are a few steps you might consider:
- Contest the restraining order with evidence of its misuse.
- Request the court to remove your brothers from property management due to harassment.
- Consider hiring a new attorney if you feel unsupported.
Would you like additional information on these steps?