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.