Trust Accounting Disputes

Trust Accounting Disputes in California

In California, Beneficiaries of a trust have a right to an accounting from the appointed Trustee. If they do not receive regularly accountings as defined by statute, then the beneficiary may request the Probate court to compel the trustee to prepare a trust fund accounting for the trusts assets. In other instances, an accounting may have been provided, but the Beneficiaries may find the actions of the Trustee to be objectionable and may wish to seek to have the Trustee replaced.

If you feel that there is something wrong with the way your California Trust has been handled, or your assets have not been protected as a Fiduciary should, please CONTACT Vincent W. Davis to discuss your trust matter today.

Is the Trustee Failing to Fully Account for the Trust’s Income, Assets and Liabilities?

Trust Administration Lawyers and Trustees of an estate have a Fiduciary duty to the Beneficiary. This is a legal duty that requires that all actions made in the administration of a trust are to be made in the best interest of Beneficiaries of the trust. Probate Code §16002(a) states: “The trustee has a duty to administer the trust solely in the interest of the beneficiaries.” The courts construe the trustee’s standard to be very high. Should the beneficiary suspect trust mismanagement, the beneficiary does have the right, in most circumstances, to demand that the trustee disclose trust-related information. At that point, if the beneficiary continues to believe that an impropriety has occurred, the beneficiary must, to the extent possible, expressly state the nature of the dispute or impropriety to the court. A Trust accounting dispute lawyer would be a real asset is such a situation.

Horrible Communication & Reports, Excessive Fees, Self-Dealing, Theft from a Trustee?

If you are experiencing horrible communication, slow or no reports, billing the estate excessive fees for their services or other services, if they are self-dealing or you suspect actual theft from a Trustee you need some experienced help.

Trustees may Have Help in Trust Administration but the Trustee is Solely Responsible

A trustee is permitted to delegate some trust administration and accounting duties, but any such duties must be “generally supervised” by the Trustee. Probate Code §16012(b) states: “the trustee has a duty to exercise general supervision over the person performing the delegated matter…” So it is clear that the Trustee is ultimately THE responsible party. The Trustee can hire (and supervise) one or more professionals such as: an attorney, a CPA (certified public accountant), or an enrolled agent (Tax preparation & Consultation). Trustees often hire and employ outside professional assistance because most Trustees are a family member who lacks the necessary skills, or time to handle various trust administration and trust fund accounting duties.

Do You Suspect that a Trustee Has Mismanaged Trust Funds or Assets?

Trust Fund Accounting Disputes

If you are the Beneficiary of a Trust, it is understandable that you might be concerned over the Trustee’s handling of the trust’s assets, property and funds over which the Trustee has a Fiduciary duty to manage for your eventual benefit. If you suspect malfeasance or wrongdoing, or have a trust fund accounting dispute, you are entitled to legally demand that the Trustee provide you an accounting though the Trustee is only scheduled to provide the Beneficiaries with annual accountings. An experienced trust accounting attorney can work with you to bring the trustee into court for failure of Fiduciary responsibility or wrongdoing.

Experienced Trust Accounting Disputes Lawyer in Southern California

Vincent W. Davis and Associates have 60+ years of combined legal experience to help clients throughout Southern California.  If you have been unable obtain a trust accounting when required, or suspect Fiduciary misconduct, trust theft, or other wrongdoing, Mr. Davis would be pleased to personally speak with you in total confidence, evaluate your situation and recommend a proper course of action to resolve your concerns.

Set Up a Day, Evening or Weekend Appointment Now

For assistance in Trust Accounting Disputes, or Trust Accounting Litigation, please contact The Law Offices of Vincent W. Davis & Associates in Southern California for a complimentary consultation. Consultations are available in Los Angeles, Orange County, Inland Empire including Riverside or San Bernardino Counties. We also handle California Probate, Trust, and Estate matters for out of state individuals. Mr. Davis will personally make time to share his legal advice with you and your loved ones.

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