As a beneficiary, a California trust accounting is an essential form of protection for your rights, your inheritance, and the integrity of a trust. Trustees must prepare an accounting for trustees at least annually that details how they have been managing trust assets. This is an opportunity to ensure a trustee is doing their job and not abusing their station. However, even when a trustee prepares an accounting, it can still warrant suspicion.
In these situations, using an expert trust litigation attorney in Orange County like at Gokal Law Group will provide the expertise to help navigate the process of filing an objection to rectify any wrongdoing or mistakes and establish full transparency. We have decades of collective experience objecting trust accountings successfully for clients. Here is how to file a trust accounting objection:
When Can (And Should) You Object to a California Trust Accounting?
You must consider several things to determine if you can file a California trust accounting objection. Most importantly, you must assess the situation and your relation to the trust.
You can dispute an accounting with the help of a California trust litigation lawyer if you are a beneficiary. Several situations can be grounds to file an objection, including:
- An incomplete, inaccurate, false, or fraudulent trust accounting
- Mismanaging trust assets
- Wasting trust assets
- Stealing trust assets
- Failing to fully account for trust assets
- Failing to make trust assets productive
“Anytime you think a trustee is either mismanaging or stealing from a trust, or if you think they are omitting or fabricating information, this warrants filing an objection. When you harbor these suspicions, contacting a probate lawyer as soon as possible is crucial,” elaborated Abbas K. Gokal, a partner and practicing trust litigation attorney in Orange County at Gokal Law Group with decades of experience in probate courts.
How Long Do You Have to Dispute a California Trust Accounting?
Beneficiaries typically have up to 3 years to object to a California trust accounting. If a beneficiary fails to work with a trust litigation attorney in Orange county to file an objection within that timeframe, they will likely lose the opportunity altogether.
How Can You Object A California Trust Accounting?
To file an objection in California, beneficiaries or trustees should first work with a California trust litigation lawyer, who will peruse the accounting and recommend opportunities to make objections. The attorney will then prepare and file the objection.
Typically, people resolve a California trust accounting objection in two different ways. People often resolve issues within an accounting informally, usually by offering the missing information or an explanation.
This informal resolution only occurs when the issues are a result of a mistake and not the result of ulterior motives. When someone intentionally prepared a false accounting to serve their needs, this is when we recommend judicial intervention.
In these situations, beneficiaries must work with a trust litigation attorney in Orange County to file a petition for a breach of their fiduciary duty, where the guilty party will face legal repercussions, fines, and possible removal.
Lawyers Who Can Help Object to a California Trust Accounting
A California trust accounting is not just a formality; it is an essential safeguard against errors and wrongdoing that can have immeasurable repercussions on a trust, its beneficiaries, and their inheritance. If you suspect a trustee has mishandled trust assets, working with a premier California trust litigation lawyer is of the utmost importance.
Fortunately, at Gokal Law Group, our firm boasts unparalleled expertise and experience in probate court and empowering beneficiaries to receive justice. For an advantage in the courtroom, call us at (949) 753-9100, or contact us to request a case evaluation.
2 Responses
The trust in question was activated in April of 2021 (23stpb11226. this is an objection overview i want to make in Probate court stanley mosk la court.
When will we receive a clear plan for the disbursement of funds, trustee? You do realize that by ignoring us, your siblings, and fellow beneficiaries, we are aging faster? I can’t help but recall a similar situation when you took control of our father’s liquid assets. You even took his substantial cash reserve from his bedroom without informing anyone or asking for permission. How do you justify that? You used all his liquidity for your purposes, you even borrowed money from a sibling/fellow beneficiary for hiring a lawyer, one that you could not afford (one that the soto family trust pays for at a disadvantage to the benefiricaries and to the very beneficiary that loaned you the money to pay her in the first place. She hired and loaned you the money to help you….little did she know that the was the one who could insulate and isolate you from your siblings/fellow beneficiaries. You resort to removing us from any meaningful dialog or communication except for the minimum required by law. Your refusing to restore our father’s status with his own money, meant that he couldn’t afford an attorney and you knew that. You didn’t even show your face to him for the rest of his life.
In the last four months of his life, our father repeatedly asked you to return his money ($56,000.00) and restore him to his bank and credit union accounts. He worked his entire life to earn and save that money, and you deliberately ignored his pleas. He trusted you as his POA, but you betrayed him. He wanted you to restore what he rightfully earned, but you only cared about enriching yourself. You didn’t oversee anything properly and let everything fall into disrepair. Now, you’re spending and there is still no proper oversight in place.
Your choice to evict me, with the assistance of two lawyers (costing twice as much for redundancy and unnecessary expenses), during covid moratorium and YOU NEVER ASKED ME TO LEAVE…YOU NEVER SPOKE TO ME AGAIN….YOU JUST SENT EVICTION NOTICE AND YOU REFUSED MEDIATION AND IGNORED THE LETTER I PAID A LAWYER TO SEND TO YOU after I took care of our father for 8 months (in between you called the police and social services elder abuse protective agency against me….you gaslighted me to them…..You wouldn’t so much as visit our father or honor his requests or have a memorial after he passed. You did not want to speak to any sibling/co-beneficiary. That says a lot about you and diligence to duty, fiduciary duty but not surprising…you failed every standard of being professional responsible reasonable and the only thing is that you are good at is being unreachable. This is not only costly but also a direct reflection of your contentious approach and ultimately a clear reflection of your character. You seem more focused on blaming others, including your brother when he was no longer useful…your lawyer, rather than addressing the issue of disbursements, coordination, and cooperation obfuscates to gaslight the person who took good care of our father the last days of his life….where were you? In hindsight I think you were in your hideout with all of the access to all of the resources…that is where you seem to remain…that is not legally or morally right, and the only thing it illustrates is who the contentious one is, but that is not who your lawyer gets to blame…she blames someone who had no power or reason so what compelled him to write so many emails….this is only a tip of the iceberg….let’s flip it and see what we get or let’s see what is under the rock….what is your plan? Do you have a plan? Can you share the plan?
Perhaps it is time for you to acknowledge the poor decisions you have made without proper oversight, going against the majority opinion and benefiting only yourself. Instead of mediating and mitigating the situation, you have chosen to ignore and estrange your own family members and beneficiaries, including our father for the last four months of his life.
As King Lear famously said, “I am a man more sinned against than sinning.” Your lawyer may question the costs associated with the eviction, but what about the rightful disbursements to the beneficiaries? It is time to prioritize the needs of the family and beneficiaries over your interests.
If only you had allowed us, your siblings, and fellow beneficiaries, to benefit from the Soto Family Trust like you have. If only our father had been restored to his rightful place as the head of the family, perhaps he would have lived a longer and happier life.
You have neglected and deteriorated everything you have touched, and now it is us, the beneficiaries, who are left to deal with your attorney’s fees (which I highly doubt you can afford). Then we have to hire our own attornies? Before you come out form where you are hiding? Is that fair? You have not acted in the best interests of the family or the beneficiaries. Instead of fulfilling your duties as trustee, you have chosen to enrich yourself at the expense of your own siblings and our father.
It is time for accountability and transparency. We demand a reasonable expectation of a plan regarding the disbursements from the trust. You cannot continue to ignore us and disregard our needs. We are not getting any younger, and every day that passes without a resolution, we suffer more.
You may think that by exerting control and isolating us, you can maintain your power and manipulate the situation to your advantage. However, rest assured that we will fight for our rights and for the restoration of our father’s legacy. We will not allow you to dilapidate any more of our father’s hard-earned assets.
It is time to remove the blindfold of self-interest and consider the welfare of the entire family. Let us come together, with proper oversight and mediation, to find a fair and just solution. The Soto Family Trust was intended to benefit all of us, not just one individual.
In the words of Shakespeare’s King Lear, “I am a man more sinned against thansinning.” It is clear that you have sinned against us, your own family, by neglecting your responsibilities as a trustee and exploiting the trust for your own gain. We demand justice and fairness.
The time for excuses and blame-shifting is over. It is time for you to answer for your actions and be held accountable. Our father entrusted you with his assets and his legacy, and you have failed him and us. Your refusal to acknowledge our pleas for the return of our father’s money and the restoration of his accounts is a grave betrayal.
We implore you to consider the consequences of your actions. Our father deserved better than this, and so do we. It is too late to rectify the situation and restore our trust in you as a trustee. We ask that you prioritize the best interests of the family and beneficiaries over your own desires and step aside.
We are tired of being ignored and estranged. We deserve to be heard and treated with respect. It is time for you to step down as trustee and allow someone who will act with integrity and compassion to take the reins.
In conclusion, we demand a reasonable expectation of a plan regarding the disbursements from the trust. We our father and I demanded the return of our father’s money and if that is done then we need an explaination as to what when why and how…this is a democracy or a dictatorship? The restoration of his accounts is past but the reasons and wherefore of the DWP credit union account that has been commandeered by the trustee with a lawyer letter is insufficient as far as a reasonable evidence is concerned. Additionally, we should have some clear idea of what happened and why. I believe that with proper oversight and mediation, we can work towards a fair and just resolution. The Soto Family Trust was meant to provide for the future of our family, not to be squandered and misused for personal gain.
We request that you acknowledge the impact of your actions and take the necessary steps to rectify the situation. This includes providing a clear plan for the disbursements, explaining our father’s money, and restoring our rightful status within the family.
We implore you to put aside your ego and selfishness and act in the best interests of the entire family. It is time to restore trust and rebuild the bonds that have been damaged by your actions. Only through open communication, accountability, and fairness can we move forward and honor our father’s legacy.
We eagerly await your response and hope for a resolution that allows for healing and unity within the family. The time for neglect and disregard is over. It is time for justice and compassion to prevail ending an exorbitant amount of money to fix the mess you created,
You may understand that I and we may be frustrated with the current situation, but it is important to approach this issue calmly and rationally. Emphasizing the negative aspects of the trustee’s actions and making accusations may only further complicate the situation. Instead, let’s focus on finding a resolution that is fair and beneficial for all parties involved.
I propose that we engage in open and transparent communication to discuss the disbursement plan. It is crucial that the trustee provides a clear timeline and explanation of how the funds will be distributed to the beneficiaries. This will help alleviate concerns and ensure that everyone is on the same page.
Additionally, it is essential to establish proper oversight to prevent any further mishandling of assets. This can be done by appointing an independent party or a co-trustee to work alongside the current trustee. This would provide a checks-and-balances system and promote accountability in the decision-making process.
Regarding the issue of our father’s money being withheld, it is important to have a constructive conversation about repayment. We should explore options for restitution to ensure that our father’s wishes are respected and his hard-earned funds are returned to his estate.
It is understandable that tensions are running high, but it is crucial to approach this matter with a focus on resolution rather than blame.
I’m in the Bay Area and in need of council ASAP. Oct 18 is the date for the final hearing. I did receive the accounting a couple months ago and a friend pointed out that the bank accounts that are listed only show interest and no dollar amounts. I’ve been trying to survive on my social security and have no money for a retainer fee so I need someone that will take payment from my distribution, which will be very soon. Please call (925)204-9187. That is my preferred contact. Or e mail davethewave2021@gmail.com