Legal Question in Wills and Trusts in California

can a trust attorney demand that I WAVE my rights to an accounting of the trust before he sends the funds I have coming. (like a randsom)


Asked on 4/22/12, 9:44 am

4 Answers from Attorneys

Michele Cusack Pollak & Cusack

No.

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Answered on 4/22/12, 12:00 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

Demand, no. request, yes. This is a common request especially in small estates, as the cost of an accounting may out weigh the paranoia of the beneficiaries.

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Answered on 4/22/12, 6:42 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

No, the attorney cannot demand that you waive the accounting as a condition of distribution. As has been said, he/she can request that you waive the accounting. Another alternative is for you to request an informal accounting. An informal account of trust would be prepared by the attorney and the trustee in lieu of a formal one prepared by an accountant. After the final transactions of the estate have all occurred or have been settled, the trustee should provide this informal accounting to all beneficiaries. This type of accounting should start with the balances on hand at the beginning of the accounting period and show the balances at the end of the final accounting period. It should also list the trust and estate�s receipts, disbursements, and distributions showing a final balance of zero, along with a receipt for each beneficiaries� share of the estate. The informal accounting can be sent along with the distributions.

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Answered on 4/23/12, 1:38 pm


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