Legal Question in Wills and Trusts in California

Accounting of a trust.

The trustee has not provided any accounting of the trust to which my children are the heirs. Two of them are over 18 years old. I believe they should get a full accounting of the trust and I believe the trustee is hiding a mistake or worse ... neglegance. What recorse do I have??


Asked on 6/10/09, 4:31 pm

3 Answers from Attorneys

Todd Stevenson Stevenson Law Office

Re: Accounting of a trust.

You can hire an attorney who can contact the trustee, request this information, then bring him/her into Court to compel release of this information if the information is not provided voluntarily as required by law.

If in fact the trustee has engaged in wrongful acts, there are a number of remedies available to the heirs.

Feel free to contact my office if you would like to discuss.

Read more
Answered on 6/10/09, 4:44 pm
Scott Linden Scott H. Linden, Esq.

Re: Accounting of a trust.

The first step is to make a written demand, unless, as you state, your children have NEVER received an accounting. If this is the case (or if you made a written request and three months have passed) then the next step is to file a Petition for Accounting with the Probate Court. I suggest consulting with an attorney to assist you in the preparation.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 6/10/09, 5:01 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Accounting of a trust.

They're entitled to an accounting. Start with a written demand for an accounting, if you haven't already done so. If the trustee does not comply within 60 days, you have the right to file a petition in probate court to force an accounting.

Even if the accounting is provided without a court filing, you may still wind up there if the accounting is incomplete or shows missing funds or negligence, among other things.

Read more
Answered on 6/10/09, 5:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California