Q: Hello, if a Trustee fails to ever provide a written accounting, can they be sued?
Trustee/Executor was responsible for distributing funds from a living trust after my father died. I requested a full accounting via a lawyer shortly after and never received it. I am now being pressured to accept final (second disbursement) and agree that the trustee/executor cannot meet the legal requirement regarding accounting without incurring significant fees against the estate. If I sign, I will release him from all responsibility and liability forever. Part of the tactic for pressuring me is to note that the Trustee/Executor could have asked for additional fees. Is there any point in trying to fight?
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- California
- (916) 704-3009
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- Answered
A: Under California law, a trustee has a fiduciary duty to provide a proper accounting to beneficiaries upon reasonable request. If the trustee fails to provide such accounting, beneficiaries have the right to petition the court for an order compelling the trustee to account. If you sign a release, you may potentially waive your rights to hold the trustee accountable for past actions, so careful consideration before signing is essential.
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