State Bar Of California Handbook On Client Trust Accounting In Maricopa
Description
Form popularity
FAQ
California Bar Examination Please note that the State Bar does not offer reciprocity or accept bar exam scores from another jurisdiction.
Rule 4.1 Truthfulness in Statements to Others (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Business and Professions Code section 6068, subdivision (e)(1) or rule 1.6.
California law requires attorneys who handle client funds or funds entrusted by others to hold them in one or more interest-bearing bank accounts labeled as a "Trust Account," or words of similar import.
Per California probate code sections 16060 and 16062, trustees must: Keep beneficiaries 'reasonably' informed about how they manage the trust. Provide an accounting at least once annually. Provide an accounting at the termination of a trust or when a trustee changes.
You must keep a written record showing that every month you completed a three-way reconciliation where you “reconciled” or balanced the account journal against the individual ledgers and the bank statement with canceled checks. You must perform this three-way reconciliation for each client trust account you keep.
California law requires attorneys who handle client funds or funds entrusted by others to hold them in one or more interest-bearing bank accounts labeled as a "Trust Account," or words of similar import.
The Formal Accounting must detail all assets and justify all expenses. The Accounting Attorney may then Object to anything in the Formal Account. If the judge believes the Trustee's actions reduced the Trust's assets, the judge may surcharge the Trustee.
Trustees must maintain separate accounts for each trust, with each client's funds handled individually. Detailed Record-Keeping: Every financial transaction involving the trust must be meticulously recorded. This includes deposits, disbursements, interest income, investment gains, and expenses.
Procedure for Recording a Living Trust Once the certification of trust is prepared, it must be signed by the trustee and notarized. The original certification of trust can be recorded with the county recorder's office in the county where the property is located, but that is not necessary.
