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.
Montana Petition to Require Accounting from Testamentary Trustee
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The executor must prepare a full accounting with the court, and beneficiaries should be provided with a copy. ing to the California Probate Code, an accounting should include the following information: The property and value of the estate at the beginning of the accounting period.
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.
As a beneficiary, you are entitled to review the trust's records including bank statements, the checking account ledger, receipts, invoices, etc. Before the trust administration is complete, it is recommended you request and review the trust's records which support the accounting.
Generally speaking, California law states that beneficiaries have a right to information and accounting regarding the trust. More specifically, beneficiaries have a right to information regarding all changes made to the trust promptly, and they have a right to know the plan to administer and distribute the estate.
A trust accounting protects beneficiaries against negligent or underhanded trustees, but it also provides essential protection for trustees against liability. In simple terms, a California trust accounting is a window into how a trustee is administering the trust.
The trustee has 60 days to provide an accounting when a trust beneficiary requests one in writing. California Probate Code grants beneficiaries the right to petition the probate court for an accounting of trust if the trustee fails to produce an accounting within a reasonable time period.
Montana law requires that a testator have ?testamentary capacity.? This means that the testator must have been at least 18 years old and must have been ?of sound mind? at the time that they made the will. In other words, the testator must not have been suffering from a mental incapacity.