Sample Letter To Close Trustee Accounting For Beneficiary In California
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Terminating an active trust requires court intervention or unanimous beneficiary consent. A party with legal standing must demonstrate compelling reasons for a judge to order dissolution, or alternatively, all beneficiaries must concur on ending the trust, ensuring adherence to the trust's purpose and legal procedures.
California statutory law requires a trustee to account annually to current trust beneficiaries, i.e., those who are currently entitled to receive distributions of income and principal during the accounting period. Any trustee, other than the settlor(s) who established the trust, has a duty to account.
Under California Probate Code §16062, trustees are obligated to account to each beneficiary annually, upon trust termination, and following a change in trustee. Additionally, if a beneficiary requests an accounting in writing, the trustee must provide it within 60 days.
Dear Beneficiary, I am writing to inform you about the distribution of assets from the estate of Mary Johnson, who passed away on March 15, 2023. My name is the appointed executor of Mary's estate. Assets and Liabilities: List all assets and liabilities, providing a clear picture of the estate.
7 Important Duties of a Trustee in California Duty of Loyalty. Duty of Impartiality. Duty to Avoid Conflicts of Interest. Duty of Disclosure of Information. Duty Not to Delegate. Duty to Enforce or Defend Claims. Duty to Keep Trust Assets Separate from trustee's own property.
Basic principles are important to understand when determining how to do trust accounting in California. 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.
Under California Probate Code §16062, trustees are obligated to account to each beneficiary annually, upon trust termination, and following a change in trustee. Additionally, if a beneficiary requests an accounting in writing, the trustee must provide it within 60 days.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. Share your story about how you came to the assets that you are leaving in your will. How was your wealth created, what do you value and what are your long-term goals for your wealth?
A letter, directly to the trustee, making a demand for an accounting is the first step. In some instances, in addition to making a demand for an accounting of the financial assets, a request for an inventory of the personal property of the decedent is also a good idea.
