Beneficiary Rights
Beneficiary Rights
Beneficiaries of an estate or trust have specific legal rights under Missouri law, including the right to information about administration and the right to hold a fiduciary accountable for mismanagement. O’Gorman and Sandroni advise beneficiaries throughout the St. Louis area on understanding and enforcing these rights.
The Right to Information and Accounting
Beneficiaries generally have the right to receive notice of an estate or trust administration, reasonable information about its progress, and, in many cases, a formal accounting showing how assets have been managed and distributed.
Holding a Fiduciary Accountable
When a personal representative or trustee fails to communicate, mismanages assets, or engages in self-dealing, beneficiaries can petition the court to compel an accounting, seek removal of the fiduciary, or pursue damages for losses caused by the breach.
Frequently Asked Questions
Generally yes. Missouri law gives beneficiaries the right to request an accounting, and if a fiduciary refuses or provides inadequate information, a beneficiary can petition the court to compel one.
A beneficiary can petition the probate court for an accounting, request the trustee’s removal, and pursue a claim for breach of fiduciary duty to recover any misappropriated assets.
Since 1985 Sean O’Gorman and Andrew Sandroni have been representing clients in all areas of the law. O’Gorman & Sandroni, P.C. was founded in 1989 on the principles of honesty, integrity, and the aggressive pursuit of our client’s goals.