Our Oakland Probate Litigation Lawyer Explains Contested Accounting in Probate and Trust Cases
In this video, Oakland probate litigation attorney Charles Triay discusses how you may request a contested accounting in either a probate administration case or a trust case. For more information regarding estate law or breach of fiduciary duty, contact our probate litigators by phone or online regarding your situation.
Hi, I’m Charles Triay. Another type of case that we handle often are contested accounting cases; both in the trust context and in the probate estate context. The accounting requirements are the same for a probate estate or a trust. The only difference is that with a probate estate the accounting has to be filed with the court. With a trust, the accounting only has to be filed with the court if there’s a dispute about the accounting.
Those arise in two common situations. One is that the family member has died and your brother or your sister is acting as the Trustee or the Executor and years have passed and nothing has happened. The first step is to force them to do an accounting and to try to move the case along to an ending. The second area is the false accounting or crooked accounting if you will. We see a lot of people who when they have money in their hands that they’re managing, even if they’re managing it for family and loved ones, gets sticky fingers. They start using that money for their own benefit and then trying to conceal that. We’ve gotten pretty good at detecting that over the years.