questions & answers

Question: I need to go into court and file some emergency paperwork because MerrillLynch USTRUST are doing some really bad things and after giving me monthly distributions for last 2 years of $3000 and paying all my expenses they just Stopped and I haven't seen my statements in a few months and I couldn't even get a letter from trust officer to give DES for emergency food stamps. My Aunt is reason behind this. My Dad adopted us girls therefore she did not consider us family. She sits on board with former CEO of merrilllynch ustrust of this mutual fund they invested all of our $ in afterDadpassed.

Answer:

The first step before going to court, claiming "breach of fiduciary duty"  [ARS 14-7402]  by a Trustee Company,  is to obtain the facts supporting your position.  If you don't have statements you regularly receive, you must obtain them, somehow.  The Trustee Company certainly should provide you, even as a former Trust Beneficiary, duplicate copies of the missing statements as well as detailed written notices/correspondence they were obligated to send you if your beneficiary status was terminated.   If telephone calls for duplicates have not succeeded, a written demand by fax may help.  If you can go to the nearest Company office, they should be able to prepare duplicates.  If nothing else works, sending your written demand for these copies USPS "certified mail-return request" often gets their attention. 

Once you obtain documentation that shows (or strongly suggests) the Trustee Company wrongly denied you funds owed (if this is the case), you can take your case to an attorney Your claims, if true are serious and involve complicated legal issues.