Sample Letter To Close Trustee Accounting For Beneficiary In King
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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.
In order for the beneficiary to hold the trustee accountable, the beneficiary must have information about what the trustee is required to do and what the trustee actually does. Thus, the trustee has a duty to account and to inform.
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.
If they fail to do so and haven't provided an accounting in the prior 6 months, beneficiaries can file a Petition for an Accounting of trust assets under California Probate Code Section 17200(b)(6)(c). This petition essentially requests the court to enforce the trustee's obligation to provide an accounting.
If you can provide evidence in your court petition that the trustee is refusing to give accounting, and thus, has committed a breach of trust, the court is likely to grant your petition to compel the trustee to produce an accounting. In the petition, you can also seek reimbursement of your attorney fees and costs.
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.
If the accounting is not provided in the proper form as required by the law, then after sixty days the beneficiary can file a probate court petition to seek a court order requiring the trustee to prepare the proper accounting and can request reimbursement for the fees and costs they incur in bringing the petition.
Compelling Accountings for a Trustee: A Trust beneficiary has the right to retain an Accounting Lawyer. As a result, the beneficiary then has an advocate who will petition the court to force the Trustee to file a Formal Accounting. The Trustee must comply.
Below, we have broken the process down into manageable steps. Step 1: Start with a Proper Salutation. Step 2: Introduce Yourself and Your Relationship to the Deceased. Step 3: Clearly State the Purpose of the Letter. Step 4: Provide Detailed Information about the Inheritance.
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.
