Legal Question in Wills and Trusts in California
Annual accounting of trust assets
As the trustee of my deceased grandmothers estate I know I must provide an annual accounting to the benficiaries. My question is, can I format the accounting to list the assets, & expenses, and when it comes to the distributions, list it as a total amount distibuted? what Im trying to avoid is listing the dollar amount that each heir received. I don't want to amplfy to each person how much more others received than they did. right now everyone is happy, but they will not be if they see it spelled out on an account sheet, as most did not as for a copy of the trust.. please suggest a way that fulfills my duties but does not stir up ill feelings.
2 Answers from Attorneys
Re: Annual accounting of trust assets
You are required to carry out the terms of the trust and each beneficiary is entitled to an accounting that discloses whether you are or not. If the distributions are unequal, it is the doing of the Trustor, unless the Trustee is given discretion to sprinkle benefits among a class of beneficiaries as the Trustee sees fit. It it is the latter, I would then disclose the total distributions, and quote the trust provision that leaves it to your discretion to determine who will receive distributions, how much and when. Under the trust document you probably have the right to get an attorney's help at the expense of the trust estate. You should do so and consult the attorney regarding these matters. It is your best protection both legally and in terms of the personal relationships involved. It should be a relatively minor expense and will save money in the long term as it is the best way to avoid lawsuits.
Re: Annual accounting of trust assets
this depends upon the language of the trust. you should retain an attorney to advise you with regard to this and other duties you have as a fiduciary under california law.