Ask 2 Lawyers: How Does a Beneficiary Get a Trust Accounting?

As a beneficiary how do I request a full formal accounting so the first thing I would do is maybe go see a lawyer but if you don't go see a lawyer you need to make sure that you get some writing an email a text a letter the saying I want a full formal accounting in accordance with the California Probate Code those are the magic word that's all you have to say you don't have to say anything special and once that's out there how long does the trustee have to comply with that 60 days and if they don't comply within 60 days you take them to court so now you've reversed the 60 day thing so they were telling you you have 60 days but it was inaccurate even if the trust terms do say that right right why is that because in the California Probate Code you can't have any less than 180 days to object to an account even if the trust says 60 it's it's it's not accurate it's a hundred eighty okay have to trust as silent as to how long you have to object then what's the general rule for objecting three years it's a long statute yeah three years to object to an accounting right imagine that you get a trustee to give you a County in January 1 of 2016 and you can go to all the way to 2019 and sell objective that accounting if the trust terms are silent so the so to begin the process you send an email attacks to fax carrier Pidgeon something saying I want an accounting that's right and it has to be done by a lawyer no does not to be done by a lawyer no yeah people don't know that yeah you could just go ahead and put those magic words in there California Probate Code would be one of the magic words you want to put in there yeah I want a formal accounting would be the other part of the magic words and assigned date and we write we recommend that you sent a certified mail and regular mail don't forget to do that because most times trustees if they're being difficult to deal with they're not gonna go get the certified mail right but you send it both ways I would also set it by an email and fax if I have that information right so that I can make sure that I get that 60 days started and then if they don't respond to 60 days what am I gonna do you have to go to the probate court got to go to the probate court and ask the probate court to order them to do a proper accounting property under the California Probate Code yeah it's all right there it's just what you asked to that letter is what the court order would likely be right correct okay Albertson and Davidson is here to help you fight for your inheritance check out Alda law calm for our complete library of helpful legal videos and articles from your favorite California trusts and we'll litigation law firm Albertson and Davidson LLP.