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.
Louisiana Petition to Require Accounting from Testamentary Trustee
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How to fill out Petition To Require Accounting From Testamentary Trustee?
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The declinatory exception, the dilatory exception, and the peremptory exception when pleaded before or in the answer shall be tried and decided in advance of the trial of the case.
Art. 561(A)(3) (stating that on an ex parte motion of any party by affidavit, provided that no step has been timely taken in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment).
L. Rev. 613, 618 (1986) (?[Ancillary venue] involves one claim against two parties arising out of one factual circumstance. The Code of Civil Procedure adopts this concept in article 73 by permitting solidary obligors to be sued in any parish where venue is proper as to one of them.?) (emphasis in original).
Lack of procedural capacity is a dilatory exception which merely delays the progress of the action rather than tends to defeat it. See La C.C.P. articles 923, 925, 926, 928 and 930. This exception tests a party's legal capacity to bring an action or to have one brought against it.
The function of the exception of no right of action is to determine whether the plaintiff belongs to the class of persons to whom the law grants the cause of action asserted in the suit.
(1) An individual who is domiciled in the state shall be brought in the parish of his domicile; or if he resides but is not domiciled in the state, in the parish of his residence.
A trustee shall administer a trust solely in the interest of the beneficiaries, and if applicable, a pledgee, in ance with the trust agreement. A trust shall keep and render clear and accurate accounts of the administration of the trusts at least annually to the beneficiaries as specified in the trust agreement.
A trustee is under a duty to a beneficiary to keep and render clear and accurate accounts of the administration of the trust. If the trust is revocable, the trustee has a duty to account to the settlor only.
