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Obtaining Records

SUBPOENAS AND LEGAL ACTION TO PRODUCE DOCUMENTS

Beneficiaries are entitled to receive copies of the Will or Trust under which they are entitled to receive an interest. They are also entitled to information related to their interest, including accounting for any expenditures which may affect their share of the trust or estate.

In cases where a reasonable request for copies of documents – or for an accounting or report – has been made and such request has been denied or ignored, legal action may be needed to compel production of the documents or other requested information.

Obtaining records related to the administration of a trust or estate is often not as difficult as one might think. If a party is justified in his/her demand for information, legal action can be commenced to compel production of the records.

Courts tend to favor full disclosure and are likely to order production of documents and records, particularly if the disclosure is required by law or by the Will or Trust at issue.

In addition, as officers of the court, attorneys have the power to subpoena records from banks or other financial institutions that is related to the administration of a trust or estate. Therefore, even in the absence of a specific court order, it is often possible for financial records to be obtained by an attorney directly from financial institutions.

Finally, if an executor or trustee has wrongfully withheld records or information from a beneficiary, necessitating legal action by a beneficiary to compel production of the records or information, courts are likely to require that the trustee or executor personally pay the reasonable attorney fees and costs incurred by the beneficiary in the legal action.

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Reviews & Testimonials
    "Jonathan is honest and always has his client's best interests when making decisions"

    Huber Fox is our family attorney. Jonathan is honest and always has his client's best interests when making decisions.

    - Laurie G.
    "Provide expert legal advice, in a timely fashion"

    Jonathan Huber provided expert legal advice, in a timely fashion and guided us through the entire process with genuine concern and attention to detail. We’d highly recommend his services.

    - K. Hernandez
    "The staff demonstrated the highest standards of professionalism, with attention to detail"

    Jonathan Huber and his staff demonstrated the highest standards of professionalism with attention to detail and consistently prompt turnaround.

    - Chris S.
    "Thank you all for your help & kindness"

    On behalf of my late son and myself, I want to thank you all for your help & kindness during this terrible time.

    - Former Client
    "Jonathan Huber and his staff made it easy"

    Jonathan Huber and his staff made it easy to get our trust set up through his office.

    - Sunny O.
    "Huber Fox, P.C. was very helpful"

    Huber Fox, P.C. was very helpful in going through the probate court process

    - Former Client
    "Will work hard to ensure your or your family's needs are met"

    I will always recommend Huber for any future family trusts and wills etc.

    - Amber H.
    "They were thorough, meticulous, honest, and reassuring"

    Jonathan Huber and Benjamin Fox spent many exhausting hours on my case. They were thorough, meticulous, honest, and reassuring, and the result was… my case won! These men are like family to me now, I can call anytime!

    - Former Client

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