Legal Question in Wills and Trusts in California

What form do I file in California Probate Court to compel the trustee to supply a complete accounting of the trust?

Asked on 9/09/13, 7:14 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You request an accounting in a letter. If the trustee refuses, you will have to file an appropriate petition, however there is no form. It is prepared on pleading paper.

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Answered on 9/09/13, 8:03 pm

Victor Waid Law Office of Victor Waid

Agreed with Mr Roach, and it seems to me you would be advised to obtain the assistance of probate litigation counsel.

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Answered on 9/09/13, 8:21 pm
Charles Perry Law Offices of Charles R. Perry

If the trustee refuses a proper demand for an accounting, then the beneficiary has a right to file a petition with the appropriate court to compel the accounting from the trustee, pursuant to Probate Code Section 17200. There is no form -- you must prepare the petition by hand, showing the facts entitling you to the accounting.

The requirements here are strict. There is usually an attorney who works for the court to make sure you have done everything correctly, and you will not get your order for an accounting until every requirement has been fully complied with. I have seen more cases than you can imagine that get held up because of these technicalities, and there is continuance after continuance as a result. You really should hire probate and estate counsel to assist you.

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Answered on 9/09/13, 10:59 pm

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