Legal Question in Wills and Trusts in California

Failure fo trustee acccount to beneficiaries

I need to petition The Superior Court of California. Probate

Division Vista, California to force an accounting for the assets, income and

expenses of the Ulovec Family Trust. I have complete documentation including the Trust Instrument, listing of

all trust aasets, and a refusal letter from the trustee stating that he does not have to account. The legal issues are clear cut and I need no help in that area. I need your help guiding me formulating the petition in a manner that is

acceptable to the court. Advise what your cost would be

Inclusive of filing fees and other related costs


Asked on 1/08/05, 5:58 pm

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Failure fo trustee acccount to beneficiaries

It's difficult to give a cost, but an estimate would likely be $3500 to $4000 for drafting the petition and appearing--if the trustee continues to fight this further, or there are other issues that the court orders to mediation, the fees will be higher. I'd also want to understand better the trustee's rationale (if any) for not needing to account to the beneficiaries.

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Answered on 1/10/05, 7:14 pm
Mina Sirkin Sirkin & Sirkin

Re: Failure fo trustee acccount to beneficiaries

I appear in the Vista court for two other cases. I will be happy to help you with this. The cost of drafting the petition will be $2500. Your filing fees are approx. $280, unless you have previously filed documents in the matter. Will you be needing us to appear in court on your behalf? If the other party objects to your petition, the matter will be contested and you are entering litigation. Should you need litigation services, our fees are calculated on an hourly basis at $350/per hour. Feel free to let me know if I can be of help.

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Answered on 1/09/05, 12:30 am
Mona Montgomery Mona Montgomery, Attorney at law

Re: Failure fo trustee acccount to beneficiaries

Here is a form you an follow. http://www.californiacivilprocedure.com/Cal_Civ_Pro_Form_Practice_Directory_Demand_For_Accounting_Bankruptcy_Trustee.htm It is not perfect but it will get you started. File the original with the court and send copies to all interested parties meaning the trustees through their attorneys and all intestate heirs and all beneficiaries mentioned in the trust document.

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Answered on 1/11/05, 11:41 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Failure fo trustee acccount to beneficiaries

As the Vista courthouse is in north San Diego County, get a San Diego attorney. I can work with you as to initial deposit, my hourly is only $ 220.00 per hour, and, I am experienced in this field of law. The petition should be successful, however, it seems that the trustee has raised the issue of whether or not the assets have been managed in a fiduciary manner. Call me directly at (619) 222-3504.

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Answered on 1/10/05, 2:29 pm


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