Legal Question in Wills and Trusts in California

You should use the standard court pleading type form stating the basic facts of the trust or estate [it is one or the other but not both], listing the assets and values, payments made, what the final distribution will be, etc. If you wish to claim and are entitled to a fee for handling the trust/estate you need to request that sum form the court before all the funds have been distributed.

I�m sorry for your loss. You are on the right track for your trust accounting. Since you�ve kept good records, your accounting should be straightforward. If you follow the provisions of Probate Code Sec. 16063 (a), your trust accounting should be sufficient. According to the code, you�ll need to include the following :

(1) You�ll need to provide a statement or schedule of receipts and disbursements of the trust�s principal and income that have occurred during the accounting period of the trust or since the last accounting, if you have previously prepared an accounting of trust.

(2) Next, include a statement of the assets and liabilities of the trust as of the end of the period covered by the account.

(3) You�ll need a statement or schedule showing the trustee�s compensation for the period of time that the accounting includes.

(4) You�ll also need a statement or schedule listing the agents hired by the trustee, their relationship to the trustee, if any, and their compensation for the trust accounting period. Such agents may include an accountant, an attorney, real estate agent or contractor.

(5) Be sure to also include a statement that the recipient of the account may petition the court pursuant to Section 17200 to obtain a court review of the account and of the acts of the trustee.

(6) The code also requires that you include a statement that claims against the trustee for breach of trust may not be made after the expiration of three years from the date the beneficiary receives an account or report disclosing facts giving rise to the claim.

Most trust accountings also include a summary of these statements/schedules. An accounting of trust does not require a particular format as long as the information is clear and complete. Mr. Shers' suggestion as to using pleading paper is a good one. In most cases, there is no need to hire an accountant for this trust accounting. You should use an accountant for assistance with the preparation of any trust tax returns or your husband�s final tax returns (if necessary).