Legal Question in Wills and Trusts in California

Stated in living trust.....-(no accounting clause)... Upon death....the trustee shall account to the other beneficiaries of the trust created. The written approval of an account by beneficiary shall be final and conclusive with regards to all transactions disclosed in the account. QUESTION.. So as Beneficiary, the trust went irrevocable upon mom's death. Am I BY LAW entitled to a full accounting from when it when into effect 2 years prior as a revokable trust?

OR can the trustee claim...Probate Code section 16069(a), which states that a trustee is under no obligation to account during the time period that the trust is revocable.


Asked on 10/18/17, 1:06 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

You are correct that as a general rule, the accounting period commences only when the trust becomes irrevocable. However, if the successor trustee was acting as sole trustee while the Trustor (settlor) was alive, you might be able to get a court order for an account of that time period if you are alleging breach of fiduciary duty. See 55 Cal.4th 1058. Estate of Giraldin

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Answered on 10/19/17, 7:54 am


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