Sample Letter To Close Trustee Accounting For Beneficiary In Queens
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FAQ
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.
Upon court motion: Beneficiaries can petition the court for a formal accounting; if the court grants the petition, the executor must provide one.
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.
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.
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.
If an interested party has the right to retain an experienced Estate Litigation Attorney who can petition the court and obtain an order forcing an Agent, Executor or Trustee to file a Formal Accounting.
An informal accounting for an estate is a document that outlines the financial activities of the estate. This type of accounting is often used to prepare financial statements of affairs. It includes details about assets and liabilities, income and expenses, donations or transfers from the estate, and tax information.
