Idaho Petition to Require Accounting from Testamentary Trustee

State:
Multi-State
Control #:
US-01253BG
Format:
Word; 
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Description

An accounting by a fiduciary usually involves an inventory of assets, debts, income, expenditures, and other items, which is submitted to a court. Such an accounting is used in various contexts, such as administration of a trust, estate, guardianship or conservatorship. Generally, a prior demand by an appropriate party for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting.

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FAQ

15-7-101. Duty to register trusts. The trustee of a trust having its principal place of administration in this state shall register the trust in the court of this state at the principal place of administration.

(a) From time of creation of the trust until final distribution of the assets of the trust, a trustee has the power to perform, without court authorization, every act which a prudent man would perform for the purposes of the trust including but not limited to the powers specified in subsection (c).

The Trust and Estate Dispute Resolution Act, which is more commonly known as "TEDRA", is a set of Idaho statutes that are designed to help families resolve disputes and other problems involving trusts and estates either nonjudicially, or if that can't be done then judicially.

(1) A person may not commence a proceeding against a trustee for breach of trust more than 3 years after the date such person or a representative of such person receives a report from the trustee that adequately disclosed information that could form the basis for a potential claim for breach of trust and informed such ...

Ultimately, the question is not whether it is better to have a will or a trust, but if you should have a trust in addition to a will. If you die without having a valid will or trust in place, the courts will determine how your assets are distributed.

Creating a living trust in Idaho allows the trust-maker to place assets into the trust during life. A trustee is selected and can be anyone you choose. Most people choose to be their own trustee, but a successor must be chosen to manage the trust after your death.

15-7-303. Duty to inform and account to beneficiaries. The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration.

Idaho law provides that a trustee must "observe the standards in dealing with the trust assets that would be observed by a prudent man dealing with the property of another " and "must administer a trust expeditiously".

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Idaho Petition to Require Accounting from Testamentary Trustee