Legal Question in Wills and Trusts in California

I am both an attorney and an accountant. Although you might not understand the accounting, perhaps I could. I also represent Trustee's and Beneficiaries, although I am not a litigator. If a letter was sent to you with the 180 day restriction, you simply need to object before that time is up. An additional request for information might be adequate, depending on how it was done.

It is possible that the current acting trustee breached their duty. It is possible that they could be removed if litigation ensues. Perhaps the least expensive method of dealing with the issue is for you to retain an attorney to assist you.

If I can be of further assistance, please feel free to contact me at (818) 905-0777.

Dear Ms. Fritsche:

Thank you for posting this question.

I am not convinced that the 60-day restrictions in Probate Code Section 17200 apply to a request for clarification of an accounting, but that is really a side issue. You are entitled to a proper accounting. The important facts are that you have an unclear accounting, and the trustee is refusing to provide supplemental information.

Your most efficient remedy is to sit down with an attorney who is experienced in trust litigation. That attorney can review the accounting with you, and perhaps answer some of your questions. I have done that with clients on many occasions. In addition, the attorney may have other questions about the accounting that you have not considered. It is also often true that an attorney's letter gets a response, even when a beneficiary's letter does not. If your attorney does not get a response to his or her own letter, and you decide that further action is worth the investment, then the attorney can draft a petition for further accounting and other remedies, which will be decided by the probate court.

A trustee's failure to provide appropriate information to a beneficiary is indeed a breach of fiduciary duty. As you can imagine, however, not all requests for information are "appropriate." I also doubt that a court will remove a trustee simply for failure to timely respond to a beneficiaries' request for more information.

In any event, I would urge you to act quickly. Many trusts limit a beneficiary's time for challenging an accounting. That limit is often as short as 90 or 120 days. If you fail to comply with that time limit, then the accounting may be deemed final.

Please do not hesitate to contact me at your convenience if you believe I can be of further assistance.