Sometimes, a prior demand by a potential plaintiff for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Collin Texas Demand for Accounting from a Fiduciary
Category:
State:
Multi-State
County:
Collin
Control #:
US-02578BG
Format:
Word;
Rich Text
Instant download
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How to fill out Demand For Accounting From A Fiduciary?
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FAQ
If a trustee commits a breach of trust, the beneficiary's remedy against him is a personal remedy: "a trustee in breach of trust must restore or pay to the Trust estate either the assets which have been lost to the estate by reason of the breach or compensation for such loss.
An heir-at-law to the creator of the trust (the settlor) who is disinherited or disadvantaged also may file a trust contest. If you have standing, then you can petition the courts and seek the justice you deserve as a rightful heir or trust beneficiary.
An estate accounting is a document that provides specific details about what property was in the estate at the time of the decedent's death, what additional property came into the estate since the decedent's death, how the estate funds were spent, what property remains in the estate at the time that the accounting is
A beneficiary of an estate or a trust has the right to review the actions of the executor or trustee by asking for an accounting. To be prudent, an executor or trustee should provide the beneficiary with updates on the status of the estate or trust.
The two primary reasons to compel an account are: 1) to check the status of trust assets; and 2) to determine if the trustee is acting within his or her discretion or has breached a duty.
Before any interested person can file a court petition to compel an accounting, they must make a 60 day written demand to the trustee. If the 60 day demand is not met, then they can file a petition to compel accounting with the court.
Whether you are a beneficiary or an executor of an estate, you may be asking the question, does an executor have to show accounting to beneficiaries. The answer is that an executor does not automatically have to show an accounting to the beneficiaries.
An executor must account to the residuary beneficiaries named in the Will (and sometimes to others) for all the assets of the estate, including all receipts and disbursements occurring over the course of administration.
Generally speaking, the only people who are entitled to see Estate Accounts during Probate are the Residuary Beneficiaries of the Estate.
