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Welcome to Just Answer (“JA”)! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.
Its a little difficult for me to understand all that you are asking; but this CA Sup. Ct. case from 2012 may answer you basic inquiry. The Court declines to address this issue but seems to imply that there is no statute of limitations for you to request an accounting. It states in part:
Timothy argued in both the trial court and the Court of Appeal that the beneficiaries brought this action too late, that is, that it is time-barred by the statute of limitations or doctrine of laches. We express no opinion on this point, but this action is not premature simply because Mary is still alive.
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In my reading of the case, there really the court is implying that statute of limitations is not really an issue in the context you are asking. If one serves a Trustee’s notice under Probate Code section 16061.7, then the beneficiary has 120 days in which to file to contest the Trust terms. As for actions as Trustee, that statute remains open indefinitely unless the trustee provides an accounting to the beneficiaries. Once an accounting is provided (assuming it fully discloses all actions taken as Trustee), then the beneficiary has three years to sue the Trustee. If the trustee files an accounting in court and seeks court approval, then the beneficiary must either object prior to court approval or be forever barred from suing the trustee for everything reported in the accounting.
It may be helpful for us to do a phone call on this as it is difficult to understand what you are saying here. The cost of that is $15 more. I will send you an offer. If you accept it, please come back and type in your phone number here so I can call you.