Legal Question in Wills and Trusts in California

compelling an accounting for trustee of living trust

how can a lay person compel the court to get the trustee of a living trust to give a proper acctg?is there a way a person can do most of the research and hire a lawyer to review things and do things she cannot do...so that the cost will be affordable


Asked on 12/11/07, 1:25 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: compelling an accounting for trustee of living trust

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that yes, a lay person can appear in propria persona (as their own attorney), and file a petition for an accounting. Most attorneys prefer to have control of the case, including research, to protect themselves (or cover themselves) from malpractice claims in case the research was not done properly. However, there are a select few paralegals that can help prepare documents only, although not many in this area of law.

I think it's wise to shop around for attorneys - you will find a wide range of fee arrangements and prices, and you might find one that fits your budget or can work with you.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at rmiller[at]expertlawfirm.com. It's my pleasure to help in any way that I can. Thank you.

Read more
Answered on 12/11/07, 5:41 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: compelling an accounting for trustee of living trust

It is called an action for an accounting. You can hire an attorney to prepare the paperwork in your name and you can make the appearances yourself.

Read more
Answered on 12/12/07, 1:15 am


Related Questions & Answers

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