How to File a Trust Accounting Objection | RMO Lawyers

What is a trust accounting objection, when should you file a trust accounting objection, and how long do you have to file an objection? Here’s a helpful overview and guide.

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0:00 Introduction
0:10 What is a trust accounting?
1:10 What is a trust accounting objection?
1:43 Who can file a trust accounting objection?
2:05 How do I submit or file an objection?
2:35 How is a trust accounting objection resolved?
3:40 How long do I have to make a trust accounting objection?
4:58 What is probate code 16062?
5:16 When should I contact a trust litigation attorney?
5:44 Do I need a trust litigation attorney near me?

WHAT IS TRUST ACCOUNTING?
The Trustee of a trust is obliged to account, or provide information and records concerning the management of trust assets. The accounting must be provided to all trust beneficiaries. Typically, an accounting, whether formal or informal, is provided shortly after year-end, or when significant trust transactions occur. A trust beneficiary may also demand an accounting, and if the accounting is not made compel the Trustee account by filing a petition to compel accounting.

WHAT IF THE TRUSTEE WON'T ACCOUNT?
First, to request a formal accounting of your trust in California, here’s a downloadable form. Simply complete the form, and submit it to your Trustee. The trustee has 60 days to provide the formal accounting. If the trustee fails to account, or fails to fully account, within those 60 days then you may and likely will need to file a Petition to Compel Accounting, which seeks an order from the County Probate Court requiring the trustee to account.

WHAT IS A TRUST ACCOUNTING OBJECTION?
Every trust beneficiary has the right to object to a trustee’s accounting. The objection can be based on a number of claims, including:
- Incomplete, inaccurate, false or fraudulent trust accounting information;
- Mismanagement of trust assets;
- Waste of trust assets;
- Theft of trust assets;
- Failure to fully account for trust assets; and/or
- Failure to make trust assets productive.

WHO CAN FILE A TRUST ACCOUNTING OBJECTION?
Every trust beneficiary has the right to object to a trust accounting. Co-trustees may also object to a trust accounting prepared by a co-trustee. Special trustees, so-called super trustees might also be able to object. Essentially, anyone who has a role or interest in the trust may object.

HOW DO I SUBMIT OR FILE AN OBJECTION?
To file an objection, we recommend that heirs contact an experienced trust litigation attorney to review the accounting and advise what objections should be made and when. The attorney will help an heir prepare an objection and either submit it to the trustee for resolution, in the case of an informal accounting, or file it in the County Probate Court where the trustee resides.

What is probate code section 16062?
The California Probate Code governs the administration of trust and probate estates. Probate Code section 16062 requires an annual accounting by the trustee to the trust beneficiaries. It also requires an accounting at trust termination, or when a trust changes trustees.

When should I contact a trust litigation attorney?
Contact a trust attorney the moment you suspect a Trustee is mismanaging or stealing from a trust, or providing incomplete information or misinformation. Most experienced trust attorneys will provide a free consultation to answer your questions. Contact us for a free consultation at RMO Lawyers anytime.

Do I need a trust litigation attorney near me?
We recommend that heirs and beneficiaries find an experienced trust attorney familiar with the county probate court in the county where the Trustor lives or lived. For example, if an heir lives in San Diego, yet the trustor lived in Los Angeles, we recommend working with a trust attorney in Los Angeles. A Los Angeles probate lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney.

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RMO LLP serves clients throughout California and Texas, with offices in Los Angeles, Orange County, San Diego, Fresno, Pasadena, the Bay Area, Dallas, and Houston.

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