Legal Question in Wills and Trusts in California
Waiver of Accountability
I have been asked to sign a Waiver of Accountability regarding an inheritance. Should I? What is it? Thank you!
2 Answers from Attorneys
Re: Waiver of Accountability
You may mean "Waiver of Accounting." The accounting is the executor (or trustee's) full account of the estate's income and expenses and allows the beneficiaries and the court to make sure all the property is intact and all expenses are legitimate. If you waive the right to the accounting, you may be waiving the right to object to any later-discovered problems. Thus, do not waive the accounting unless you really trust the executor/trustee (or already know the estate's financial particulars).
Re: Waiver of Accountability
Do you mean a waiver of an accounting? In a probate the executor or administrator must submit an accounting to the court detailing all monies into and out of the estate. You can sign a waiver of the accounting if you know and trust the executor, you know what the estate assets are, and your certain all of the assets are still there. Waivers of accounting are common in estates where their aren't many beneficiaries, they know each other very well, and all of them have been active in the estate so that they each know all the details. If you have any doubts, don't sign it.