Example: Dear Beneficiary's Name, I am Your Name, the executor of the estate of Deceased Person's Full Name, who passed away on Date of Death. I am writing to inform you about the distribution of the estate's assets.
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.
Personal representatives (i.e., executors and administrators of the estate) are required to provide beneficiaries and other interested parties (i.e., persons or entities with a financial stake in the estate) with financial information about the estate they are overseeing.
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.
A good letter of instruction should contain the following information: A complete list of all assets. The whereabouts of any tangible assets that are not readily accessible. Necessary information about all liquid assets, including bank, brokerage, retirement, and investment accounts.
What types of fiduciary duties does a trustee have to the beneficiaries? The fundamental duties of a trustee are as follows: (1) the duty of good faith and loyalty; (2) the duty of reasonable skill and diligence; (3) the duty to give personal attention; and (4) the duty to keep and render accounts.
If a trustee has not provided beneficiaries with the required annual accounting or requested information, they could be regarded as breaching their duties, which could make them liable to legal recourse.
Beneficiaries are entitled to request bank statements from the executor by making an informal written request for them. Some executors may attach bank statements to their accountings for added transparency without beneficiaries having to ask, but it's usually not a requirement for them to do so.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. Describe key players in the family. What matters to you? ... Give your trustee the power to make decisions, even when that means saying no.
The Timeline for Challenging a California Trust Once a beneficiary or heir receives this notice, they have only 120 days to contest the trust. If they wait more than 120 days, their challenge will be dismissed without consideration, and they will be forever barred from attempting another contest.