Trustee Refuses to Give an Accounting

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Trustee refuses to give accounting Trustee Refuses to Give Accounting and What You Must Do!

Trustee Refuses to Give Accounting

If the Trustee is the settlor, they can refuse to provide an accounting as the Trust instrument is revocable. Once the settlor dies, the Trust Instrument become irrevocable and the Successor Trustee must comply to probate code 16060 and keep beneficiary’s reasonably informed of the Trust and its administration or will be in breach of their fiduciary duty.

Trustee Refusing to Give Accounting

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TRUST & ESTATE LAW FIRM

(What to consider moving forward)

Before you launch into possible litigation matters, let’s go over a few crucial facts. This way, you are on the right side of the courts.

So the first thing is to gather information about the Trust document.

You will want to review it for the following:

  • Does the Trustee owe a duty to account and a duty to report? Typically a Trustee is under a strict fiduciary duty to keep a complete an accurate record. In other words, they must inform and account.
  • Does the beneficiary, i.e., are you privy to the information? A Trustee is not required to account for a trust beneficiary if they waived their rights to an account and report. [Prob. Code § 16064(c)]

What serious breach of trust has the Trustee committed?

Is the Trustee:

  • Mishandling funds
  • Refusing to fulfill a beneficiary’s request for information about the administration of the trust.
  • Is the Trustee self-dealing, meaning they are benefiting themselves before anyone other beneficiaries?

Take away: The Trustee is mandated to give an accounting to Beneficiaries of the Trust.  Learn more.

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Trustee Refusing to Give Accounting.. (continued)

It is important to find counsel if you feel any of the above is taking place. 

Trustee Duties:

The Trustee of a trust is required to act as a legal fiduciary on behalf of the trust beneficiaries. The trust instrument determines the scope and nature of the Trustee’s duty. They shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.

Once a Trustee accepts his/her duty’s, they must inform, but is not limited to, the following:

  • Within 60 days after taking the responsibility of the trust, the Trustee shall give notice to the qualified beneficiaries of the acceptance and their full name and address of the Trustee.
  • Within 60 days once the Trustee requires knowledge of the creation of the irrevocable trust, whether they learned it by the death of the settlor or any other means, the Trustee shall give notice of the identity of the settlor, a right to request a copy of the trust instrument, and the right to an accounting. 

Now, including with the fiduciary duties of the Trustee is these line items:

  • Upon a reasonable request, the Trustee shall provide to a qualified beneficiary a complete copy of the trust instrument.  
  • A Trustee must maintain records of his/her transactions so complete and accurate they can show by them his/her faithfulness to the trust.

Once you have a copy of the trust instrument, you may want to find counsel. 

Moreover, there is a statute that describes that a Trustee of an irrevocable trust shall provide an accounting to each qualified beneficiary annually. Also, the Trustee shall inform on the termination of the trust or even a change of the Trustee.

Now, as a Trustee, it is prudent to set up a bookkeeping system to keep track of all receipts, disbursement, and capital transactions and produced when necessary to substantiate the accounting.

Take away: If you have given reasonable time for the Trustee to answer your request, and have not done so, they are in breach of his/her fiduciary duty.

What are remedies for breach of contract?

As a beneficiary, you will need to take the breach of contract to court. An estate planning attorney with litigation experience is required.

They will look into these options and can include the removal of the Trustee. They are as follows:

  1. Compel the Trustee to redress the breach of contract by paying money or restoring the property.
  2. Remove the Trustee
  3. Reduce or deny compensation to the Trustee

So, if the Trustee, if they cannot recover the sale of certain assets from the trust, they can be held personally responsible for those transactions. 

Trustee Removal

Are you a Trustee or Beneficiary where protection of the Trustors wishes are being challenged and causing family disputes?

Develop strategies on preempting a Trust dispute and discover What You Need to Know About the Trustee Removal Process

Hess Verdon has a deep bench and knows both sides of the equation to remove or suspend a Trustee or to safeguard the Trustee from a frivolous legal process. Hess-Verdon top litigators will help you stay on track!

 

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Beneficiary is attacking me

Attacked by a beneficiary who objects to how you, a Trustee, or Administrator, is handling an estate?

Prevent Trustees from Making Some Common Mistakes. 

Duties | Delays | Choices | Distributions

Timing on each one is critical to avoid litigation

Hess-Verdon has over 30 years of dealing with Beneficiary and trustee disputes. Let us review your situation. You’ll be glad you did. Contact us for a No Charge, No-Obligation Consultation.

Contact Us Green Trustee Refuses to Give Accounting and What You Must Do!

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(949) 706-7300

Contesting a Trust

 Are You Considering Contesting a Trust or the most recent amendment? Was there a capacity issue or undue influence?

Be Careful when contesting a trust and know the elements it takes to protect the trust assets. Reserve your rights before Statute of limitations happen!

Hess-Verdon works hard to resolve Trust and Estate issues and preserve the estate by minimizing costly litigation. Contact us for a No Charge, No-Obligation Consultation.

 

Contact Us Green Trustee Refuses to Give Accounting and What You Must Do!

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(949) 706-7300

Hess-Verdon Team of attorneys

See our Successful Reviews!

stars 5 Trustee Refuses to Give Accounting and What You Must Do!

“I have been working with this firm since 1994; you can’t beat a firm like this, that is so ethical and competent.”

Dixie Fisher

Client Since 1994

stars 5 Trustee Refuses to Give Accounting and What You Must Do!

“We’ve always felt comfortable sharing our concerns with Hess-Verdon & Associates and have felt confident that the job was well done and the concerns answered.”

Malou Cole

Client Since 2006

Trustee Delaying my Inheritance

Past the reasonable “time period,” and Trustee has yet to make the required distributions?

Diagnose the stalling tactics from an uncooperative Trustee and UNCOVER Steps to Take to Get the Trustee to Distribute Your Inheritance.

Hess-Verdon, for over 30 years, has worked on both sides of the coin. Receive counsel on staying on the right side of the courts. Seeing thousands of problems facing Trustees and Beneficiaries has allowed us to assist and complete the wishes of the Trustor/Executor. Contact us for a No Charge, No-Obligation Consultation.

  

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Schedule an appointment today.

Our specialized team is ready to assist you.

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Serving Trust Litigation: Throughout the state of California

Serving Counties: Orange County, CA. , Los Angeles County, Riverside, CA., San Diego, CA.

Serving Cities Nearby: Newport Beach, Huntington Beach, Irvine, Costa Mesa, Laguna Beach, Newport Coast, Corona Del Mar, Anaheim, San Juan Capistrano, San Clemente, Buena Park, Fullerton, Orange, Lake Forest, Laguna Hills, Garden Grove, Tustin, Yorba Linda, Fountain Valley, Dana Point, Rancho Santa Margarita, Ladera Ranch, Placentia, Laguna Woods, Aliso Viejo, Coto De Caza

 

Needing Trust Litigation? – What You Should Know!

Hess-Verdon – Trust Litigation Attorney Servicing Southern California

What to expect when working with Hess-Verdon.

Your Orange County Trust Litigation Attorneys 

 

Contesting a Trust - What You Must Know if Contesting a trust in california!

 Are You Considering Contesting a Trust or the most recent amendment? Was there a capacity issue or undue influence?

Be Careful when contesting a trust and know the elements it takes to protect the trust assets. Reserve your rights before Statute of limitations happen!

Hess-Verdon works hard to resolve Trust and Estate issues and preserve the estate by minimizing costly litigation. Contact us for a No Charge, No-Obligation Consultation.

 

Contact Us Green Trustee Refuses to Give Accounting and What You Must Do!

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(949) 706-7300

Choosing the Right Trust Estate Litigation Lawyer is Crucial

Searching for an Orange County Trust Litigation attorney?  Hess-Verdon & Associates is one of the most knowledgable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.

Our legal team of Trust Attorneys in Orange County, are well versed in estate planning, trust administration, and trust litigation.

Our viewpoint is the following:  Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and estate planning strategies.

Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case. 

We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estateand trust-related matters.

Learn more about our Living Trust Attorneys.

Trust Dispute Lawyers

Trusts are very complex legal instruments.  When disputes arise based on trustee administration disagreements, a trust dispute lawyer can help mitigate possible mediation, arbitration or litigation.

Have Your Case Reviewed Today by a Hess-Verdon Attorney

What Is Trust Litigation?

Trust litigation is where a Beneficiary or Trustee or even an heir of a Trust feel their legal rights are trampled upon and need legal counsel to represent them in court. Typically the trust litigation is between the Trustee vs. the Beneficiary/heir. Many issues can arise, and mostly due to transparency, i.e., the beneficiary feels the Trustee may be self-dealing. Self-dealing is where the Trustee puts their needs and wants before the Beneficiaries. Now, the Trustee knows they have the fiduciary duty to put everyone above their self-interest first and to comply with the wishes of the Trustor. 

Now, after legal discovery, both parties will be asked to do the following:

  • Mediate
  • Arbitrate
  • Litigate

Trust litigation is by far the most costly and can drain the estate assets. If you are a Trustee and or Beneficiary, best to keep communication open at all times with proper bookkeeping.  

Why Consider hiring Hess-Verdon trust litigation attorneys

We work efficiently to help individuals, families, fiduciaries, organization with the following:

  • Trustees
  • Beneficiaries
  • Individuals and families
  • Banks
  • Trust Companies
  • Charitable entities
  • Family Offices
  • Corporate Fiduciaries
  • Corporate Trustees
  • Business Owners

Here at Hess-Verdon, we counsel clients on various aspects of estate disputes. Such as investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and when necessary litigating a claim through trial or settlement.

With our expert team of trust litigators, in many instances, we can settle such proceedings without going to trial after taking into account the merits of the positions advanced by the respective parties and the tax rules applicable.  

Rest assured, the Hess-Verdon team is here to help you. Unlike some other law firms, we are a full-service firm. Handling thousands of probate and trust litigation cases helps us know exactly steps are crucial for your case.

Visit us in Fashion Island in Newport Beach. If you believe you need a team of attorneys, paralegals, and a helpful, caring staff, then read on.

Schedule an appointment today. Our specialized team is ready to assist you.

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What are some common trust disputes: 

When we meet with clients, we will discuss Trust disputes as well and how to avoid them. Our team of attorneys will cover the beneficiary perspective and Trustee(s)’ aspect and the steps for both parties.

A Person may Bring a Cause of Action for the Following Reasons:

  • Trust Contests
  • Disputes involving interpretation of sophisticated estate plans
  • Disputes in Probate Court
  • Discussions regarding Trust Administration
  • Breach of Fiduciary Duty Claims and Ethical Concerns
  • Undue Influence and Elder Financial Abuse Claims
  • Business and Asset Valuation Disputes
  • Contested Conservatorships
  • Professional negligence and breach of duty defense for fiduciaries;
  • Petitions to include omitted assets into the trust (Heggstad Petitions);
  • Probate Code § 11700 proceedings to determine inheritance rights;
  • Property and entitlement disputes;
  • Recovery of lost, excluded, and disputed property (Probate Code § 850).
  • Trust Accounting disputes
  • Kinship proceedings
  • Surviving spouse’s right of election
  • Fiduciary litigation and removal proceedings

Schedule an appointment today. Our specialized team is ready to assist you.

Call (888) 318-4430

My Family is Suing me

Are you being sued by a family member over a Trust or Will?

From threats to harassment to emotional distress, many people’s knee-jerk reaction is to sue and has become increasingly common. 

There are many options to resolve a family dispute in court and out of court. 

With over 30 years, Hess-Verdon has handled Trust and Estate Lawsuits and dealing with family dynamics. Do not panic; Hess-Verdon is ready to help you today.

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Trustee Deadlines

Up against or even missed a deadline? Know which ones are upcoming?

Shore up your fiduciary responsibilities 

Conflict of Interest | Distribution of Funds | Upcoming deadlines

And put yourself back on track and avoid a trustee removal petition

Time is ticking, and seeking guidance from a Hess-Verdon Attorney is your attorney source to know protect your family’s legacy. Contact us for a No Charge, No-Obligation Consultation.

Contact Us Green Trustee Refuses to Give Accounting and What You Must Do!

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(949) 706-7300

Changed Trust Before Death

Was a Trust changed while under the care of a brother, sister, or institution and possibly been influenced?

 Act fast and attain a strategy on resolving fraud, forgery, undue influence, while protecting your rights and staying on the right side of the court.

 Hess-Verdon & Associates helps seek proper legal advice and provides you with the sound direction you need to understand what constitutes an invalid Trust or amendment. Contact us for a No Charge, No-Obligation Consultation.

 

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We are here to help!

Emotions Can Run High in Disputes Between Family Members, Especially in Matters Involving Money.

Need a Second Opinion?

Are you feeling your attorney is not answering your questions? 

Up against a deadline | Going over Budget | Case Taking too Long 

These are just a few reasons why you need a second opinion.

Hess-Verdon has a deep bench experience and works with the courts. If you have questions that your attorney is not answering, or the litigation has taken unexpected twists and turns, Hess-Verdon has handled Trust and Estate Lawsuits for over 30 years. Do not panic; Hess-Verdon is ready to help you today.

 

Contact Us Green Trustee Refuses to Give Accounting and What You Must Do!

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You found the right team. See our Successful Reviews!

stars 5 Trustee Refuses to Give Accounting and What You Must Do!

Truly exceptional law firm! They provided concise, decisive legal assistance during unanticipated events during estate proceedings. They made a bad situation better. Our family will always be grateful. There is no one I would rather have than Hess-Verdon & Associates representing my family.

Wade Shannon

Client Since 2014

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Client Since 2010

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Client Since 2018

Trustee & Beneficiary Not Getting Along

 Disputes arising from the trust administration process? Transparency being questioned? Are you not receiving responses? Are you not getting timely updates? Feeling your rights are being violated?

Trustee Removal Petition Pending | Trust Accounting Issues | Delaying Inheritance | 

Are just a few of the reasons that create trust litigation.

Hess-Verdon knows the specific ways to get the Trust process back on track while preserving the Trust asset. Contact us for a No Charge, No-Obligation Consultation.

  

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“Hess-Verdon is very professional and knowledgeable on corporate law, that can help with estate planning matters.”

Roy Trachsel

Client Since 1995

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Our Trust Litigation Attorneys Fight to Protect Your Inheritance.

 

stars 5 Trustee Refuses to Give Accounting and What You Must Do!

Truly exceptional law firm! They provided concise, decisive legal assistance during unanticipated events during estate proceedings. They made a bad situation better. Our family will always be grateful. There is no one I would rather have than Hess-Verdon & Associates representing my family.

Wade Shannon

Client Since 2014

stars 5 Trustee Refuses to Give Accounting and What You Must Do!

“Definitely a firm that will “fight to the finish.”

Frances Gruben

Client Since 2010

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