Fiduciary accounting Living Trust

Bankruptcy and Debt 5 views 5 answers
Court appointed fiduciary has filed her acctg with the court but did not break down each expenditure. As a sibling beneficiary, am I not allowed to know the itemization?

Attorney Answers

5
Michael Potter ·
The accounting must be done in accordance with California law. Your attorney should review it and seek an edit that lays out the details. See 'Find-A-Lawyer at the top of this page. Good Luck to you!!
0 upvotes
Shelley Elder ·
The court will require certain items and will not pass the accounting without meeting those standards. Since your fiduciary may or may not have been an atty you may want to talk to another trusts atty: Go to .com, find a lawyer and put in the specialty area and your geographic location and attorneys should pop up. You can call a few and see about prices and availability.
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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
If the accounting was ordered by the court, or required prior to distribution and closing, the accounting should conform to Probate Code sections 1060-1064 and 10900. It is unlikely the court will approve a non-conforming accounting without a waiver. You can also object to the accounting.
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Charles Shultz ·
Mr. Daymunde is correct. Very odd. You should file an objection noting the issues but if this is LA County most likely the probate attorney will note it. You should not rely on that however, and should file an objection on the grounds that the account is not clear as to what the funds were spent on an an account complying with PC Section 1060 et seq is required.
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Maria N. JonssonTrusts AttorneyMarina Del Rey, CA ·
As a beneficiary, you are absolutely allowed full disclosure of detailed accounting information, especially the types and individual amounts of expenditures from trust assets. You are entitled to contest the accounting and request that it be compliant with the probate code requirements whereby each expense is detailed as: date, payee, amount, and purpose - how it benefited the trust and why it was required. Have the accounting reviewed by a post-death administration attorney and consider seeking detail, and possibly contesting it.
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