What to Do When a Trustee Won’t Account for Trust Assets
If you’re a trust beneficiary and the trustee isn’t giving you information about the trust — what’s in it, how it’s being invested, what’s been spent — you’re not powerless. Kentucky’s Uniform Trust Code gives qualified beneficiaries specific rights to demand information, and courts can enforce those rights when trustees refuse to cooperate.
Your Right to Information Under the Kentucky Trust Code
Under KRS 386B.8-130, a trustee has a statutory duty to keep qualified beneficiaries “reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.” That’s not aspirational language — it’s a legal obligation. Specifically, a trustee must provide a copy of the trust instrument upon request, annual reports covering trust assets, liabilities, receipts, and disbursements, and notice of any change in the trustee’s compensation or method of compensation.
A trustee who ignores your requests for this information is violating their statutory duty — full stop.
What to Do When a Trustee Won’t Respond
Put it in writing. Your first step should be a formal written demand for the specific information you’re entitled to — a copy of the trust document, an accounting of trust activity, and any other information relevant to your interest. A letter from a lawyer tends to get attention, but even a clear, documented request from you establishes a record that you asked and the trustee failed to respond.
Petition the court to compel an accounting. If the trustee still won’t cooperate, you can file a petition in circuit court asking the court to order the trustee to provide a full accounting. Under KRS 386B.10-010, the court has broad authority to intervene in trust administration, including compelling accountings, reviewing trustee conduct, and ordering removal of a trustee who has breached their duties.
Seek removal if necessary. A trustee who persistently refuses to account for trust assets isn’t just being uncooperative — they may be hiding something. Persistent refusal to provide information, combined with other red flags like unexplained asset depletion or self-dealing, can support a petition for removal of the trustee entirely.
Why Trustees Stonewall — and Why It Matters
In my experience, trustees who refuse to provide information are often doing so for a reason. Sometimes it’s simple laziness or disorganization. But often, the refusal to account is a signal that the trust has been mismanaged — assets have been spent improperly, investments have performed poorly due to neglect, or the trustee has been helping themselves to trust funds. The accounting itself will reveal the problem, which is exactly why the trustee doesn’t want to produce one.
This is why it’s important not to let a trustee’s silence continue indefinitely. The longer you wait, the more damage can accumulate — and the harder it becomes to recover what’s been lost.
If your trustee isn’t communicating or accounting for trust assets, I can help you take the next step. Call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a probate litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
