Trustee Inventory Request Guidance

Summary

In Indiana, trustees have a fiduciary duty to manage and distribute trust assets fairly. If a trustee requests an inventory of items, it may be necessary to provide one to avoid legal complications. Ensure your inventory is detailed, with descriptions and photos, and include a statement that it is to the best of your knowledge. Sending it via certified mail or email can provide a record. Clarify how this request fits into the court-ordered mediation. If the trustee previously stated that items were not assets, you may question the reasoning behind the request. Consider seeking legal advice to protect your interests.

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Could you help me understand my rights regarding a sticking point on an issue?
Hi ****! Sure, I'd be happy to help. Could you please provide more details about the issue you're facing? This will help me give you better information regarding your rights.
I am a pro se litigant in a breach of trust case. The trustee has withheld the distribution of the trust for 2 years, and we recently had a hearing whereby mediation was ordered. I received an email today from the trustees lawyer asking for an inventory of items I took from the home in * during property distribution. The trustee stated before that date that items in the home are not assets, and then at the end of the month stated in email that if there are no objections she considers the matter of distribution closed. I responded to the lawyers request with the following:
Hi ****, it sounds like a complex situation. Here are a few points to consider:
- Indiana Trust Laws: Trustees have a fiduciary duty to manage and distribute trust assets fairly.
- Inventory Request: If the trustee is now considering the items as assets, it might be necessary to provide an inventory to avoid potential legal complications.
- Mediation Context: Clarify with the trustee's lawyer how this request fits into the mediation ordered by the court.
Would you like more details on Indiana trust laws?
"Thank you for sharing your concerns. As per previous correspondence with the trustee, I understood that the matter of property distribution had been resolved. This issue was also not addressed in our recent hearing as an issue, and therefore does not appear on the most recent order from the court. Given this, I am unclear why an inventory of items is now being requested. Could you please clarify the reasoning behind this request? I want to be helpful and comply with reasonable requests, but I also need to understand how this request fits into the context of our upcoming mediation in order respond appropriately. ". She responded with "As far as the items you took from the residence, either compile a list or I will file a motion with the court. Please be aware that you are the party that is wanting an accounting of every dollar. The items you removed are part of that." What are my rights and things to consider here?
Hi ****! Here are a few points to consider regarding your situation:
- Indiana Trust Laws: Trustees must manage and distribute trust assets fairly and transparently.
- Inventory Request: Providing an inventory may be necessary to avoid legal complications.
- Mediation Context: Clarify how this request fits into the mediation ordered by the court.
Would you like more details on how to prepare an inventory list?
the trustee does not have an inventory of items in the home. She refused to make one. My concern is that even if I send a full inventory, despite this matter being resolved, that she will say items are missing or inaccurate
Hi ****! You have a valid concern. To protect yourself, you might want to:
- Create a detailed inventory with descriptions and photos of each item.
- Include a statement that this inventory is to the best of your knowledge.
- Consider sending it via certified mail or email for a record.
Would you like more information on Indiana trust laws?