A fiduciary of an estate or trust in which they have an interest may be removed by the heirs or beneficiaries of the estate or trust. Even though it can be difficult, sometimes it is important to remove a fiduciary. Since every circumstance is different, a probate litigation and estate planning attorney with experience and knowledge in all forms of estate matters must be considered. It is crucial to have a San Diego contested accounting lawyer who is familiar with the accounting proceeding in instances involving contested accounting in San Diego.
The best lawyer at Casiano Law Firm represents petitioners and respondents in cases involving disputed accountings. He also protects fiduciaries from improper attempts to challenge accounting. In any scenario, clients are certain that a San Diego contested accounting lawyer will represent them effectively and tenaciously, taking on matters that other law firms won’t.
Make an appointment for a no-charge phone consult with his law office right away!
Why do I need a San Diego Contested Accounting Lawyer?
The fiduciary or personal representative is required to compile an accounting or inventory of the estate assets and liabilities as part of all estate affairs, probate administration, and trust actions. All income, expenses, and investments related to the estate must also be disclosed by the fiduciary.
You may file a lawsuit to challenge the accounting if you think it is incorrect, that there are missing items, values being expressed incorrectly, or that the estate’s revenue or expenses have been misrepresented. A San Diego contested estate accounting lawyer can assist you with this.
A San Diego law firm gathers and examines all pertinent financial data while representing either the petitioner or respondent in contested accounting proceedings. Many times, evidence is presented in the form of documents that span many months or years. A legal counsel who is well-versed in both probate matters and estate administration, along with accounting and business concepts, is needed to analyze and identify the records that can benefit a client’s case.
A probate attorney at Casiano Law Firm is knowledgeable about the estate, probate law, and accounting parts of these processes and is trained and skilled at defending clients in contested accounting proceedings.
What is Probate?
The legal procedure by which a decedent’s estate is managed under the guidance of a court is referred to as “probate.” For example, probate can be used to confirm a will’s legitimacy, allocate assets to any beneficiaries mentioned in the will, and create a strategy for handling any outstanding obligations or taxes owed by the decedent’s estate.
A probate court’s role is to oversee procedures regarding the decedent’s estate, including the probate of wills, estate administration, and guardianships of an estate. In general, the probate process is normally handled by what is known as the “probate court.”
Your local probate court may also be referred to as a chancery or surrogate court. In any case, if you have any probate-related difficulties, you must go to this court, regardless of the name that is given to it.
What is Probate Litigation?
As an estate proceeds through probate, numerous other disputes may surface, even if a will is legitimate. The clauses contained in a will are often accepted by all parties. However, some family members decide to challenge the will’s provisions, which can result in court action.
When legal action is sought to resolve a conflict, the process is known as probate litigation. The court system will review the specifics of the case during probate litigation and decide whether the deceased person’s will should be fulfilled as written or if another arrangement is preferable.
A dispute may occur when:
- Siblings bring long-standing disputes and rivalries into probate.
- The deceased’s caregivers may have had an impact on the will.
- The interests of those chosen to oversee a trust administration or administer an estate are at stake.
The legal procedure known as probate litigation can be used to resolve these legal difficulties. A San Diego probate lawyer can assist in resolving disagreements in probate litigation cases and guarantee the best outcomes.
What do Accounting Objections entail?
An agent under a power of attorney, an executor or administrator of an estate, or a trustee of a trust must either be released by the beneficiaries or seek a release from the court in order to be fully released from the obligation. A Formal Accounting must be filed by the fiduciary if the beneficiaries refuse to sign an Informal Accounting and release. The beneficiaries must get notice of this accounting.
The beneficiaries then have the option to object to the accounting by using an estate litigation attorney. The beneficiary then can go before the judge to contest the actions of the agent, executor, or trustee by filing objections to the accounting. After that, the Estate Litigation Attorney can conduct discovery, including witness depositions, document subpoenas, and interrogatories. The Accounting Attorney uses the rules of evidence to convey this proof to the judge.
What is Probate Estate Fiduciary Accounting?
The executor or estate administrator is required to submit a fiduciary accounting when a person passes away with a probate estate. After paying off debts, taxes, and creditors’ claims, the estate is closed. However, it takes place before giving recipients money or other assets. The accounting must be submitted in conformity with the requirements outlined in the California Probate Code and must contain all pertinent financial data regarding the estate.
Suppose the beneficiary obtains the final probate accounting and finds it to be insufficient, inaccurate, or lacking. In that case, the beneficiary may have a valid claim against the administrator, executor, or trustee in probate court. Beneficiaries may hold fiduciaries accountable for financial losses due to fiduciary breaches.
What is Trust Fiduciary Accounting?
Beneficiaries of trusts may request annual accountings from the trustee. These display trust asset, income, and distribution statements for the trust. California trust accountings must include highly specific schedules and trust documents, which are specified in the California Probate Code. If the trustee doesn’t provide a correct accounting, the beneficiary may petition the probate court to order the trustee to do so.
In the instances listed below, a beneficiary may bring a claim against the trustee for breach of fiduciary responsibility. This list isn’t exhaustive, though:
- Trustee fails to deliver an accounting when requested after a year or 60 days
- There are gaps or errors in the accounting.
- The trust’s assets are being carelessly managed or invested.
- The trustee is not abiding by the trust’s terms.
Call the Trusted San Diego Contested Accounting Lawyer Now!
Beneficiaries must make claims in the probate court to defend their rights if an accounting demonstrates a breach of fiduciary duty or if an executor or trustee fails to submit a required accounting.
At Casiano Law Firm, Vinny has years of experience addressing probate litigation, including contested accountings. He will pay close attention to you as he understands the specifics of your situation and will use his knowledge, experience, and resources to support you in defending your rights.
Contact a San Diego contested estate accounting lawyer, and he’ll come up with the most efficient solution.