Trustee Email Response Guidance

Summary

In a breach of trust case, its important to respond to trustee communications with clarity and cooperation. When asked for an inventory of items, express willingness to cooperate while seeking clarification on the necessity of the request, especially if previous communications indicated the matter was resolved. Reference past emails for transparency, and offer to provide them if needed. This approach demonstrates good faith and maintains a record of your cooperation and request for clarification.

Full Conversation

I could use your help with responding to an email. Is this something you can do?
Hi ****! While I can provide general legal information, I can't draft or respond to emails for you. However, I can guide you on what to include in your response. Could you provide more details about the content and purpose of the email you're responding to?
Sure. I am a pro se litigant in a breach of trust case in which a family member is trustee. They have withheld the distribution of the trust for the last 2 years due to personal grievances surrounding the sale of the home to them (they did not wish to sign a formal agreement). We had a hearing last week and mediation was ordered. I received an email today requesting an inventory of items I took from the home in the summer of *. I have emails from the trustee stating items in the home are not assets, that she is not willing to make an inventory, and later that month that she considers the matter of property distribution resolved. I would like to know how to respond in a way that shows I am willing to be cooperative, but also that I do not know why this information is now needed 2 years later after already marked resolved.
Hi ****, here's a concise way to respond:
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Dear [Trustee's Name],
I am willing to cooperate and provide the requested inventory. However, I am unclear why this information is needed now, given that you previously stated the items are not assets and the matter was resolved. Could you please clarify the necessity for this inventory?
Thank you,
****
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Feel free to adjust as needed. Any further questions?
What repercussions might I face with this response? It is a good response, but I would like to make an informed decision about what to send and why
Hi ****,
Here are some potential repercussions to consider:
- Cooperation: Demonstrates willingness to cooperate, which is favorable in legal proceedings.
- Clarification Request: Politely questions the need for the inventory, which might prompt a clear explanation or resolution.
- Documentation: Creates a record of your willingness to cooperate and request for clarification.
Would you like any further details or have additional questions?
Is there anything in that response that could be used against me later?
Hi ****,
It's unlikely that your response could be used against you negatively. Here’s why:
- Cooperation: Shows good faith.
- Request for Clarification: Seeks transparency.
- Documentation: Records your willingness to cooperate.
Would you like more details or have further questions?
Do I need to share the emails speaking to this? Or for now is it enough to simply reference them?
Hi ****, it's generally a good idea to reference the emails in your response and offer to provide them if needed. This shows transparency without overwhelming the other party with documents right away. You could say something like:
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Dear [Trustee's Name],
I am willing to cooperate and provide the requested inventory. However, I am unclear why this information is needed now, given that you previously stated the items are not assets and the matter was resolved. I have emails from you stating this, which I can share if necessary. Could you please clarify the necessity for this inventory?
Thank you,
****
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Do you need any more information or assistance?
How does this look: " Thank you for sharing your concerns. I would like to mention that the trustee has stated in writing that items in the home prior to the time of property distribution were not considered assets, and in a later email, that the matter is resolved. I want to be helpful, but I am unsure why an inventory is needed now. Would you kindly clarify why this inventory is needed now in light of previous statements from the trustee? "
Your response looks clear and polite. A few minor adjustments might help to ensure clarity and professionalism:
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Dear [Trustee's Name],
Thank you for sharing your concerns. I would like to mention that you previously stated in writing that items in the home prior to the time of property distribution were not considered assets, and in a later email, that the matter was resolved. I want to be helpful, but I am unsure why an inventory is needed now. Could you kindly clarify the necessity of this inventory in light of your previous statements?
Thank you,
****
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Feel free to tweak it as necessary. If you need further assistance, let me know!