I want to prove that a trustee made imprudent investment decisions, what documents am I entitled to so that I can prove my case?!

Are you concerned about recent investment losses?  In West Palm Beach trustees may be liable for imprudent and improper investments that result in foreseeable losses. Experienced Palm Beach probate litigators may be able to recoup investment losses in probate court. Do you know what information you are entitled to so that you can determine the validity of a trustee’s actions?

Trustees

• If you or a family member has created a trust in West Palm Beach a trustee will manage it.
• The Trust Code creates certain duties for the trustee.
• The trust documents themselves may also add additional duties for the trustee.
• So what happens when you get reports that your trust distributions are not coming?
• Is it because of imprudent investments?
• You may be able to recoup investment losses from improper investments done by your West Palm Beach trustee.

Investment Losses

• Unfortunately sometimes trustees in West Palm Beach breach their duties or commit fraud.
• Trustees are subject to certain prudent investor rules, which include a duty to diversify.
• Are you concerned that a trustee has acted fraudulently or imprudently?
• How are you going to prove it?
• You have a right to certain information regarding investments.

Documents

• What documents are you entitled to?
• For one thing you are entitled to any investment portfolios.
• You also should request investment account records such as opening documents and monthly statements.
• The trustee has a duty to keep trust records, which you are entitled to as well.
• Your entitled to know where all of your assets are invested regardless of what markets, securities, real estate or other property is included.
• You may also be entitled to know of any risk assessment reports or strategies.

Proving the Case

• Once you get the documents you are going to have to make it into evidence to prove your case.
• You are going to have to convince the jury that the trustee has acted imprudently or improperly.
• The good news is that if you succeed you may be able to collect back your expenses in litigating as well as any losses.
• Are you concerned about investment losses?