Siblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person- In NJ a representative of a beneficiary can apply to the court for an accounting from a fiduciary. R. 4:87.
- This representative is called a person-in-interest.
- A person-in-interest includes beneficiaries, but also heirs-at-law.
- The courts have allowed a wide array of interested parties to demand accountings from fiduciaries.
NJ has an expansive view of standing that a person with a financial interest in an estate or trust should have access to information regarding its contents and operation.
New Jersey statutes have expanded the right to an accounting so that even a friend of a principal (in the context of an agency relationship) may petition for an accounting.
N.J.S.A. 46:2B-8.13 provides that (b) that “… The Superior Court may, upon application of any heir or next friend of the principal, require the attorney-in-fact to render an accounting if satisfied that the principal is incapacitated and there is no doubt or concern whether the attorney-in-fact is acting within the powers delegated by the power-of-attorney, or is acting solely for the benefit of the principal.” Ibid.
Often the representative seeks the fiduciary to give a formal accounting as to their tenure under the Power of Attorney as well as of any trust established which the suspected persons are named trustees.
In connection with a demand for an accounting, family members can compel visitation and communication with their loved one, i.e., mother. A court has the inherent power to design a remedy, including relief that contact with their a parent or sibling be restored and that the fiduciary who is also a custodial agent respondents be prohibited from interference with a parent/child relationship(s).
If you are looking for additional details on this topic or if you require advice about your situation, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Trust Law Attorney