Asked over 2 years ago - El Cajon, CA
Flagi have requested a full accounting on all Trust related documents from my Brother who is the Trustee. The only thing that he has given me in 3 years is a handwritten paper showing the balance's in a bank account and the amount owed on a bank loan. The Bank loan paperwork was a copy of a bank statment and it was enlarged on the copy machine; which made most of it blown off of the paper(not there to see). When I asked him for an accounting again he told me he gave it to me. What I want is copies of all documents that pretain to the Trust from their inception to current.... showing me a history; should I be able to see all of this beings that I'm a Heir to the Trust?
An accounting is a formal declaration of the trust (or estate, if it's a probate accounting) assets and liabilities, including income and expenses, of a particular period of time. California probate code section 1601 et seq. tells us exactly what an accounting needs to contain.
I'm attaching a link (below: "Trust Accounting") to an extensive description of what should be in the accounting and what it should look like.
If it does not contain these items, an objection can be filed - contact an attorney to assist you, but bear in mind there's a limited period of time to object!
The elements of an account are clearly stated in this link.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAIS...
A beneficiaries entitlement to an account are stated here:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAIS...
See 16061 and 16063 in particular.
A request for an account should be made according to Probate Code 17200(b)(7), so that if the account is not provided by these terms a beneficiary may file a Petition under 17200 for an Order to make the trustee account.
See http://www.leginfo.ca.gov/cgi-bin/waisgate?WAIS...
If the trust was filed with a court and that court granted your brother letters of trusteeship, then you should be able to bring a proceeding in that court to compel an accounting. An accounting typically includes each item of expense and each item of income, so that scrutinizing the document will inform you of everything you need to know about monies flowing in and out of the trust.
Please note that I am a New York attorney and cannot advise you as to the application of your state's substantive or procedural laws. For that reason, you may wish to consult with a local attorney.
Good luck to you.
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