Ask 2 Lawyers: Trustee Ignores Beneficiary's Accounting Request

Ask 2 Lawyers (A2L); Series 1, Episode 2:
Lawyers Stewart Albertson and Keith A. Davidson discuss what you can do if a Trustee ignores a Beneficiary's request for a Trust accounting.

[@mattguaydacan6046]

I'm going through a probate case in coulsa County. Went through two depositions one with the sibling who killed my mom. The other with the lady who began helping my mom with getting her trust, will, power of attorney together. This lady also did the notary for my mom. Our problem started after my sibling fed my mom four oxycodon pills in a 24 hr time frame. She admitted this at deposition. This story of what I'm dealing with is definitely unique. As I sit rite now my probate attorney let me know one week ago he doesn't do appeals. The accounting she just completed. At least my attorney is going to help me start the next process(appeal). Wish me luck I didn't even mention the bias judge that has sentenced my brother many times, still judged my case. soooooo much more but I'm will stop. Looking forward on having a fair judge. That's all I need and ever wanted. Bye.

[@loganmain4244]

Colusa is a rough county to be in. Judge probably thinks all drug users are bad

[@mariekrekora9958]

I’m interested in getting some answers & I’m not getting what I’m entitled to. No accounting & my attorney is taking five years to get it done

[@Roni62]

Love it and thank you! Forensic accounting is ia most

[@jimmoravec1326]

A beneficiary has to hire an attorney to file a petition to receive accounting information.

[@EJUICEUSA]

Thank you for posting this information!!

[@kellydavison1680]

I'm a beneficiary of an irrevocable trust, I hired an attorney (he is an experienced litigating attorney) when the trustee wasn't following a court order to provide me with an annual accounting. When we first spoke, he assured me that a trustee can never give the trust funds back to the grantor. Six months later he said to me, " I hope you understand this concept, if all the trust funds are used for the benefit of the Grantor, no harm no fail, in fact, you're not even entitled to know. This is a revocable trust!!! I corrected him. He became very arrogant and said ok, well, whatever, let's just get on with this. Two days later I received a letter than he was no longer representing me. I'm so hurt and confused, I really thought he was empathetic to everything I was going through. What do you recommend I do about this?

[@AlDavLaw]

You should find a new attorney right away. If your last attorney was confused about the Trust being revocable, you should make sure your new attorney is on the same page with you as to the status of the Trust.

[@jimmoravec1326]

A revocable trust can be changed at any time. The moment the Principal / Grantor passes away the trust becomes Irrevocable. Trustee’s have fiduciary duties: Carry out and obey the instructions of the trust Keep beneficiaries reasonable informed in regards to trust assets, Itemized statement’s, recipes for what was paid out from the trust all information that you as a beneficiary is entitled to. I don’t know your jurisdiction but this pretty much applies to all 50 Has your attorney filed a motion to have the trustee removed for breaching his fiduciary ? As a beneficiary the trustee has to look out for the best interest of the beneficiary’s even if the trustee is also a beneficiary may not distribute trust assets to themselves before distributing to other beneficiaries. You could save some time and money if you were to send a certified request for information from your trustee. That would be Important legal documentation and legal grounds to remove said trustee. It must be sent Certified mail to your trustee or it will not be considered evidence on your behalf. If the trustee has been self dealing and using money from the trust then the trustee is liable for paying it back out of his own pocket. Unless there is language in the trust document stating otherwise. Good luck 👍

[@jimmoravec1326]

If you don’t mind me asking, how are things going for you in regards to your civil matter ?

[@lynnec3372]

@@jimmoravec1326 Im going through something like this.. where the trust is supposed to be irrevocable, but I read hiw so many ppl are cheated and lied to. I want to know hiw she fared as well

[@jimmoravec1326]

@@lynnec3372 It’s very shameful and hurtful to be put in this situation, Especially if it’s a family member doing this out of greed. Unfortunately without legal representation you could end up with nothing if you file a motion to have the trustee removed. You have to be able to understand the language in the trust. I don’t know how far you are in your situation but please be very careful not to make any mistake’s that would cause you to loose your inheritance. If you have any questions or just want to talk let me know 👍

[@nidasalvador9705]

Thank u thank u

[@alanaarnall232]

WHEN YOU FILE TO GET AN ACCOUNTNG YOU THEN HAVE SUBPOENA POWER!!! Thank you so much! I am in desperate need of new legal. To finish a probate that is being robbed blind with a crooked attorney by there side. With the need to civilly sue 4 others, yet it's not large enough for anyone making ads or videos to entertain... if anyone knows of good legal rep (court is in cali I'm in oregon) PLEASE HELP ME sending love and light to you all!

[@jimmoravec1326]

But if you are a beneficiary you can’t just go and tell the court administrator what’s going on with the trustee. A beneficiary cannot file anything to the court without having an attorney

[@joannav.3602]

Question: when someone dies, to what exact day is the Executor responsible for dating a full accounting back to? I would have thought the day of the decedent's passing or possibly the next day, however I'm in a situation where the Executor is not providing any information for almost a full month and it's only the amount showing the deposit to open the Estate account and when it was opened. How would I know what my father actually had if there's a gap of time and no actual proof of what he had? Thank you for any info or videos on this.

[@AlDavLaw]

Great question. The accounting is supposed to start on the date of death so there is not a gap. But there are times when Executors start the accounting from when they open the estate accounts. In that case, you need to ask the executor to provide you with all bank and financial account statements for the period covering from date of death forward. The Executor can obtain these bank and financial statements and should do so if asked. If, however, the Executor refuses, then you can serve subpoenas on the banks and financial institutions to obtain copies yourself.

[@joannav.3602]

@@AlDavLaw Thank you very much!

[@grumpus1403]

This is exactly what I'm facing now. My attorney says we can file the suit but I don't even know if anything is left in the trust to make it worthwhile. His ball park fee is around 5 grand.

[@loganmain4244]

@@grumpus1403it always costs 5000 for a retainer fee, thats to start. Most probate will cost 10-15k if you are successful

[@dickcastle]

I'm a beneficiary of a disability trust. And trustee Just ignores me, no a counting no anything. How do fille a petition w the court? Is tht something I can do by my self?

[@privateuno8897]

Hi Dick,... first you have to send a letter requesting the information /accounting for the trust. If there is no response from the Trustee, then you can file a petition with the Probate Court and include the letter that states you have tried to reach out to the Trustee. Trustee's have a fiduciary duty to communicate and give an accounting. There is lots of free info online as well. Good Luck my Friend :)

[@---ir6sr]

@@privateuno8897 good tip. But, petitioning the court with the help of an attorney is costly.

[@a-a-ronbrowser1486]

@@---ir6sr very costly

[@joannav.3602]

@@---ir6sr You don't need an attorney just to request a full accounting, I did it. I was quickly granted a full accounting. I simply wrote a professional letter requesting such. And, I showed up at the hearing. If the Executor or whomever is responsible for the accounting refuses, then you need to either hire an attorney, or file the appropriate "Motion to Compel" form to the court. Call the court to see if they have specific requirements. Some only require a general form. You have to do this right, because I believe it's important to not look uneducated or foolish because you're essentially representing yourself in a court of law. I know this, because I myself, am going thru this right now. Due to the resistance I'm getting form the Executor, I will need to hire an attorney. However, I am looking into seeing if I can't be granted financial assistance by the Executor due to his refusal. At least that's a start, even though this info may be getting to you too late. It's important to move on things. You'll loose out if you don't. If you don't have the time, an attorney is essential. Perhaps certain fees can be recouped if the other party is found guilty of misappropriating funds, principal/Executor abuse, etc. I'm no attorney, I've just done some homework. I know I'll need to hire one at some point soon. The average intelligent person cannot navigate the legal system in such a complex area.

[@---ir6sr]

@@joannav.3602 To whom do I write the letter to?

[@mrsaimeeturner6649]

Finally got my aunt to provide a copy of the Will but then I receive an email from the attorney she hired for probate stating that they are representing my aunt as PR of my grandfather's Estate and are "in the process of opening the probate"..and in that meantime ask that I do not contact my aunt directly. I was just starting to feel more confident in my aunt communicating updates realizing the importance of her role in keeping us informed, so is there a reason they would request that I do not contact her? Seems the attorney would encourage amicable communication between the Executor and heirs? Thanks for any advice.

[@AlDavLaw]

It is fairly common for attorneys to tell the beneficiaries to speak with the attorney rather than the executor. Most attorneys want to control the communications. This is probably something the attorney wants more than your Aunt, we would guess. Hopefully, the attorney helps your aunt to do the right things and give you the right information.

[@jimmoravec1326]

I would request from your Aunt to create a POA and make you the agent. She would have to do this on her own free will to be valid. I can’t figure why you might choose to be left in the dark and not want to know what your Aunt may be signing without your concerns. Your absence from involvement could be a vital mistake. Without your involvement your Aunts attorney could her sighing over everything to them then you would be screwed. I guess if it was me I would want to know now before it’s too late. Just sounds fishy to me Good luck 👍

[@tracyberlin8509]

Must a professional fiduciary(not a lawyer) save all commuications he or she has charged for and provide copies to the beneficiary upon request?And is that fiduciary the sole decider of the relevance of beneficiary's questions and can he or she just completely ignore but still charge for emailed and texted questions from the beneficiary?Is it better to ask questions by regular mail spmehow ?Certified mail could work but would make things rather costly wouldnt it!?And what if they took so long,even never do reply and you had to ask what a timely response time would be to get a reply and they ignore that too?And if they ignore a request to acknowledge and return with notation beside any question they deem irrelevant which would make it easier for the beneficiary to keep track of and to submit to the court for a second opinion on their relevance.?This trustee has claimed in writing that he is the sole decider of relevance as if its never examinred by the court or mediators.Unfortunately its not in the state you practice in.

[@BabyBoomersDoomer]

Should I wait 120 days after asking the trustee for the documents or directly file a petition?

[@victoriacastaneda135]

How can I file a court order? Petition form?

[@Roni62]

Step brother was power of attorney for our step dad, my mother passed and left everything to him, we don't understand. But, finally are getting ready to subpoena.

[@---ir6sr]

What prompted the state of CA to make it legal for the trustee to also be a beneficiary?

[@AlDavLaw]

It works well when someone wants to create a Trust and make themselves a beneficiary. No problem when you use your own money to create your own Trust. The problem comes into play when a successor Trustee takes over who is also a beneficiary. But it was the process of allowing people to create Trusts for themselves while alive that started the trend.

[@---ir6sr]

@@AlDavLaw thank you. What a friggin mess it is when one of the four beneficiaries is also "the successor trustee" because the temptation of conflict of interest exists. It is virtually impossible to determine whether the trustee is acting on behalf of their own interests as a beneficiary or the Trustee's. Then we have release of liability clauses in a trust document; which pretty much release The Trustee from self dealing unless there is fraud which we know is difficult and expensive to prove.

[@keitha.davidson5675]

@@---ir6sr We couldn't agree more. More than half of our cases deal with a Trustee/beneficiary doing all the wrong things. And the release clauses (called exculpation clauses) are terrible. Sorry to hear you're going through this, but for what its worth, you're not alone.

[@---ir6sr]

@@keitha.davidson5675 A sincere thank you Keith. Question: generally speaking, after 18 years of trust mismanagement including zero accountability, how can the probate court help me?

[@egyptnz27]

Can u tell me what I'm entitled to if this applies...

[@larrygarcia1577]

My Mother is 100 yrs old She told my Brother who is the Executor to give us a copy of the trust to my other sibling and when he did he gave us a trust that was missing several pages and has since sold my Mother's home and has not shown us any accounting of where the money is and also she has a pension and social security what can we do as beneficiaries

[@larrygarcia1577]

@Tara Mcgavan The thing is as a trustee The Executor doesn't have to show you anything until the parent or who ever they are representing has passed away. You can fight it but an attorney wants a 15000 dollar retainer.

[@alanhorn202]

When a Trustee takes over check writing, bill paying, deposits, and other Trust business from an incapacitated Trustor, does that Trustee need to communicate this to all beneficiaries?

[@AlDavLaw]

Not necessarily. It depends on whether the Trust is still revocable. If so, then the Trustee only has a duty to the person who has the power to revoke the Trust. There are some exceptions however, so you should talk to a lawyer to get specific advice on your matter.

[@anwencunningham679]

Hi, would the issue of not being given access to bank statements despite requests be a civil or criminal matter?

[@AlDavLaw]

It would be civil because it is a violation of the California Probate Code (not the Penal Code). If you are not given bank statements, you can file and force the Trustee to provide them to you, or subpoena the bank directly. You should consult with a lawyer to answer your specific question.

[@SD-yb5fx]

Should this still apply to Pennsylvania law? Thank you!

[@denise8216]

In Nc same question

[@robertvondarth1730]

The sleaze bag executor had his lawyer submit a petition to absolve him of the responsibility of an accounting and inventory, without informing the beneficiary. It was granted because there was no one to object. We now have to get that reversed

[@loganmain4244]

You cannot miss a court date

[@alivingstone4Him]

With A-B Trust when one parent dies and their Trust is now irrevocable is the person they appointed as their Trustee still in effect or does the parent that is still alive become the Trustee? Thank you for any help with this question.

[@AlDavLaw]

It depends on the Trust terms. The Trust will state whether or not the person they appointed continues to act after their death. There should be a section on Trustee appointment in the Trust document.

[@alivingstone4Him]

Thank-you for you reply back. It's been 22 years since my father's passing away and I never knew anything about his trust until recently since my mom wants us children to sign papers so she can collapse my dad's Trust. We have never been given a copy of his Trust or anything for that matter so I have no clue what he has put in there.

[@BradleyWashburn1]

How do you comply with an accounting if the entire trust is just one property, not making income?

[@mrsaimeeturner6649]

I live in the U.K...how do I file for a request for accounting as a beneficiary? My aunt is my grandfather's Executor and has a history of unethical fiduciary behaviors before his death, therefore not trustworthy as the Executor. She has so far ignored my request for a copy of the Will and contact information for the probate solicitor.

[@AlDavLaw]

You must file a petition with the court. If this is a probate estate, assets passing under a will, then you would need to file in the probate court case. If one has not been opened yet, then you'd need to open probate. If this is a trust, then you would need to file a petition asking the court to order the Trustee to provide you with an accounting. That petition is also filed in probate court. Either way, you really need a lawyer to help you file that. It is difficult to do on your own, especially when you live outside the United States.

[@yvettejimenez3540]

Do u serve the Alameda County of California.

[@Itsmoneymaee]

Question, can I request the Trust on behalf of my father if he is mentally not able to ?

[@AlDavLaw]

You can. Whether the Trustee complies is another question. But you can at least make the request. Please be sure to speak with an attorney about your specific situation.

[@Ohaelise]

We are going through this right now. Trustee is refusing to provide books. Even hit my mother with her car when she demanded them. She is using her daughter in law’s CPA firm to provide P&L statement and nothing more for the first year. It’s been 11yrs since she has provided any financial books. The trust expired to be divided at the 10yr mark. It’s 12yrs later and still not divided. Trustee gets 15% off the top, which means she doesn’t really want to divide. The K-1’s show way more income that what was reported to beneficiaries.

[@cbeark]

what exactyly are the K1s from? I was told by a family member that a corporation was added to the trust and thats why we are getting K1s? Any thoughts?

[@loganmain4244]

Thats a bad trust

[@soshea5655]

I am a beneficiary in ca. the trustee has been hired by the executor 4 years ago. Prior to hiring the new trustee/ fiduciary the the executor/ beneficiary had some questionable action’s while handling the trust and then when I started requesting accounting she resigned. She’s also a judge and is now hiding behind the trustee who refuses to provide me full accounting. I’m so frustrated I hired a attorney early on and it got me know where other than losing thousands of dollars. Can u please give me any suggestions on what I can do on my own. Thank you I’m advance ❤️

[@AlDavLaw]

It is not easy to act on your own, but you can file a petition with the probate court asking the court to order the Trustee to provide you with an accounting. Unfortunately, there is no form for this type of petition. You must draft it yourself. You can look online and search for "accounting petitions," or "petitions for instruction" and you may find a sample. Hope this helps and we wish you all the best.

[@loganmain4244]

Try your local LAW LIBRARY, there are some in all states in all counties in USA. they can help

[@alanhorn202]

Does the mere request for an accounting trigger an adversary relationship between the beneficiary and the trustees and what happens as a result?

[@AlDavLaw]

No, beneficiaries can request accountings without necessarily triggering an adversarial relationship. The Trustee, when requested to do so, should provide a proper Trust accounting. If that does not occur, then the beneficiary would need to go to court and for the Trustee to account.

[@---ir6sr]

@@AlDavLaw Cha ching.

[@glasshalffull8625]

Once requested, how soon does an accounting need to provided to a beneficiary?

[@kellydavison1680]

I was told it's not easy to remove a trustee. What does a beneficiary need to show to have a trustee removed?

[@jimmoravec1326]

Breaching their fiduciary duties for the best interest of the beneficiary’s. You have to have evidence but most important you have to know how to present your evidence correctly. Either hire an attorney or risk it by representing yourself Good luck 👍

[@anitarushlow4022]

How soon after I requested information regarding the bank accounts in my parents' trust can I expect to get them? The trustee is telling me he will do an accounting when it is "due". This sounds like vague mumbo jumbo to me. He told me he is treating all the beneficiaries "equally". He said no one else is asking for financial information and this is why he doesn't have to provide it to me. Again, this sounds like lame excuses. What should I do? This case is in Sonoma County Cali. Can you help me?

[@AlDavLaw]

Requesting information and asking for an accounting are two different things. As for information, like copies of bank statements, you should receive those within a reasonable time. If you are requesting a month's worth of account statements, then those should be produced within a week or two. Under Probate Code Section 17200, if you don't receive the information within 60 days, then you can file suit against the Trustee. As for accountings, those are typically only done annually. But you don't need an accounting yet, what you really need is information about the Trust assets. Bank statements, financial statements, anything about rents, all of that is fair for you to ask for and a good Trustee would give it to you. As for the "equal" nonsense, that's ridiculous. The Trustee has a duty to provide you with information. Just because no one else has asked for it does not mean he does not need to give you the information. You may need to file in court. We would be happy to speak with you. Feel free to email partner, Keith A. Davidson, at [e-mail] and he can look over your situation.

[@anitarushlow4022]

@@AlDavLaw Thanks for your reply to my comment. What you are telling me is exactly what I thought was true. I am being stonewalled by the trustee and his attorney. My father is rolling over in his grave! All of the trust stuff is taking place in Sonoma County Cali. I live 3000 miles away. How do I start any court proceedings when I live so far away? Thanks

[@AlDavLaw]

@@anitarushlow4022 You probably need to hire a lawyer to take action in court for you.

[@anitarushlow4022]

@@AlDavLaw True. I find it pathetic that I have to pay to enforce my rights to get someone to do what they are supposed to do. I would think the judge would not look kindly on this situation. I would ask for attorney fees and hope the judge will grant them. Since I feel like I am being willfully ignored and forced to take legal action. I never dreamed things would be going this way!

[@AlDavLaw]

@@anitarushlow4022 Totally understand. Every beneficiary we represent feels the same way. Unfortunately, attorney's fees are rarely awarded because in the American system of justice tech party pays their own fees. But it never hurts to ask. It is all too common that bad trustee's cause a lot of harm to the Trust and the Trust beneficiaries.

[@cbeark]

What if the trust says, "trustee shall not be liable to provide an accounting to any beneficiary, heir, or court"?

[@AlDavLaw]

The court can still order an accounting. You will have to use a lawyer to file a Petition with the court demanding the Trustee account. But you can still obtain an accounting.

[@donnarulli5730]

Please state where you are located in the world if Ontario need to know ASAP

[@AlDavLaw]

We handle cases all over California.

[@yvettejimenez3540]

Wow I need help

[@a.larson2125]

#Albertson&davidsonllp, can a trustee take full ownership of our family burial plot my parents purchased for the entire family? The sole ownership of the family plot was taken in secrecy with a cemetary adminatrator which has hindered all other benificiaries to have any other family member open our family plot for another siblings burial which includes any trustee the other siblings may have. This has been most hurtful and disturbing as the trustee has broken off all communication with two of the siblings (benificiaries) of said family plot our parents bought for the entire FAMILY. Thanking you in advance for any help you may have as to how to resolve this unfortunate matter.

[@AlDavLaw]

Technically, no a Trustee is not supposed to take full ownership. Unfortunately, the problem is that you have to go to court, which is far too costly to do for these types of cases. Sorry we cannot give you more helpful advice, but only a judge can order that the family plot be owned differently from what the Trustee decides to do with it.

[@sheilascanlon4928]

Oh that's right... When the decedent & beneficiary been robbed by the Trustee who now has illicit monetary gain to defend his crimes committed self dealings & leaving the plaintiffs/victims broke or worse, only lots of money to gamble in a 2 tiered justice system might get you the elusive justice sought. Odds are in thiefs favor & why elder financial fraud is the number one white collar crime rampant with little prioritization leaving the most vulnerable citizens targeted.

[@jasonthefates7311]

Are executrix or executors same as trustees?

[@24revealer]

Yes, this is a new thing that has appeared lately.

[@alanhorn202]

Let's say the last living Trustor is now incapacitated due to old age and gives one of the Trustees the power to now write all her checks, pay bills, make deposits and conduct Trust business. Should I, as a beneficiary, request an accounting each year or should I wait until the last living Trustor dies?

[@AlDavLaw]

You can request on each year, but you may not be entitled to receive it until after the parent dies. Of course, it all depends on the underlying facts and circumstances. But even if you aren't entitled to an accounting, it never hurts to ask. Maybe you will receive one anyway. Again, you should speak with a lawyer about your specific situation to obtain legal advice. This reply is just general information.

[@---ir6sr]

@@AlDavLaw and Cha Ching

[@anitarushlow4022]

The trustee is telling me he will complete an accounting when it's due. It has already been 30 days since he's sent me the current trust documents. I asked for all the prior versions and I received them from the trustees attorney. These two people are stonewalling me. They said they have to treat everyone equally. They said the other 2 beneficiaries haven't requested any information. They were not partial😊ly disinherited likes I was. What a mess!

[@loganmain4244]

Partially disinherited does not mean they can disregard the law

[@headbangerministries]

Motley Crue? Are you guys metalheads also?

[@AlDavLaw]

Well one of us is a big fan!

[@JudgeCommitee-ck5wq]

And yet another salesperson pitched NICER Forgery Proof Premium Legal Instruments.