Has your trustee neglected their accounting duties, or simply refuses to carry them out? If so, don’t panic – there’s a set legal process for retrieving accounting for your trust, as well as if your trustee has improperly taken what isn’t theirs.
Trust accounting in California can pose serious consequences for trustees who refuse their duties, with the potential for jail time if court orders are refused. Gain an understanding of the process for compelling a trustee to deliver accounting, which requires the support of a skilled trust and probate attorney.
Next Steps If a Trustee Refuses Accounting Duties
The legalities for trust accounting in California offer a straightforward process for when your trustee fails to comply. If your trustee has shown negligence with their accounting duties, you have every right to sue them through a petition to compel accounting. There are several parts to the legal process, however, which we’ve listed below:
- Your trust and probate attorney files a petition to compel the trustee to carry out their accounting duties.
- The court issues a citation to your trustee mandating them to appear in court on a specified hearing date.
- The court hearing proceeds, with the court ordering your trustee to file their accounting in the next 60 days.
- If the trustee again fails to comply, your lawyer will move forward with a petition for contempt on the grounds that they violated court orders.
- After another citation has been issued and a new court date is set, the court can send your trustee to jail until they agree to comply.
- Typically, the trustee will file their accounting at this point to get out of jail – if any money is missing, your attorney can file objections and request more information.
- The case heads to settlement, trial, or mediation.
- If your trustee has taken any assets from the trust, they’ll be forced to return that property at this stage.
Gokal Law Group: Keeping Your Assets In Order
When a trustee doesn’t deliver their due accounting to beneficiaries, it’s suggested that you seek out a legal expert to enforce action. Get the expertise you deserve with Gokal Law Group, a trust and probate law firm committed to keeping your assets in order.
Gokal Law Group is a family firm that treats our clients as if they’re our own flesh and blood. We fight for our clients as we would our own children, sisters, brothers, and parents. We are our clients’ warriors, fighting to bring them justice and ultimately right the wrongs they have endured.
Each attorney has a specific practice area for which they are tried, tested, and battle-ready. Each has vast years of experience in their practice area, providing them the knowledge, skills, and vision to fight and win. Learn more about Gokal Law Group, and reach out to our offices for assistance in enforcing or invalidating changes to estate plans.