Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am in the State of California. Do Have you a sample of…

I am in the...

I am in the State of California. Do Have you a sample of objections to Trustee's accounting?

Lawyer's Assistant: What documents or supporting evidence do you have?

I have receipts and supporting evidence that the accounting submitted to the court is incorrect and or not specific

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, My sister is the trustee and coservator for both parents estates and person. my father died November 2016 and has asked the court to waive his accounting of the estate I have objected to the accounting and I need to know what format to present to the court for the objections. Also, for my mothers' accounting do I list every objection or summarize?

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
9/23/2017
Jessica B
Category: Estate Law
Satisfied Customers: 1,416
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed trust and estate attorney. I hope I may be of assistance with your issue. When a trust beneficiary objects to a trustee's petition, the objection(s) must be limited to the scope of the petition. Otherwise, the objection will be disregarded. "Evidence offered on an unpleaded claim, theory, or defense is irrelevant because it is outside the scope of the pleadings." California Bank & Trust v. Lawlor (2013) 222 Cal.App.4th 625, 637, fn. 3.

Ask Your Own Estate Law Question

Attached is a sample of what the heading of the objection should look like.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
Thank you for the sample. However, is there a more detailed sample with specific language between a trustee accounting and conservator accounting? I am actually objecting to conservatorship petitions for my father who is died in November 2016 and my mother who is still alive but is a conservatee in which my sister is the conservator of the person and estate.
Customer reply replied 9 months ago
There are numerous questionable expenses that was filed in the petition to the court on my mothers' behalf. And my sister has asked that my fathers accounting be waived by the court

First and foremost DO NOT waive any accountings, especially if you believe there may be falsehoods.

Ask Your Own Estate Law Question

Next it is the same objection even if it is a conservator. Basically you just go line by line stating each objection.

Ask Your Own Estate Law Question

I highly recommend utilizing an attorney to prepare the objection. This is due to the fact that this may need to go further, such as petitioning to remove the trustee, or even asking for sanctions.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
Is there any specific language that I use for the petition objection for the Wavier of Petition for my father. there is accounting and I want an accounting done.

Also if the court finds the trustee acted inappropriately they may order the trustee to pay your attorney's fees.

Ask Your Own Estate Law Question

As long as you do not Waive the accounting, then the trustee is required by law to prepare and file an accounting.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
Okay, so as long as I object to the accounting then the court must acknowledge an accounting period while my father was alive I am trying to work through this process I have spoken with probate attorneys and unfortunately because my sister is the conservator of their very large estate her fees are covered and mine are not. I am an assistant in the family law area so probate is a new area for me I really appreciate all your help.

No problem. I know it sometimes seems overwhelming but you do have recourse for demanding an accounting and even objecting to the accounting.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
I was the primary caregiver for both parents and kept all receipts pertaining to them both I and my sister filed for conservatorship, however, the attorney we hired (with my parent funds) submitted the petiton for my sister to become the conservator of both person and estate. under his advice at the time
which initially I was fine with beacuse we needed to get them care immediatily due to declining healthe however, after my father died my sister alienated me from caring for my mother and has kept me in the dark regarding all accounting and even the care that my mother receives she now only updates me when she takes my mother to the doctor and follows up by email.

This is not the first time I've heard a similar story between siblings. It's very frustrating and disappointing but you have to remember you do have recourse in the courts and to not give up. You have every right to see and review an accounting of the accounts.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
I have appeard for every hearing and have obtained the court probate notes. according to the probate notes it confirms all of my questions that I have for the accounting of both parents. Along with the question of the wavier of accounting for my fathers estate.

Good. That is important information to have and will help guide you in this process.

Jessica B
Category: Estate Law
Satisfied Customers: 1,416
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Irwin Law
Category: Estate Law
Satisfied Customers: 7,170
Verified
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Estate Law
Satisfied Customers: 1,416
1,416 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,513 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
I am the executor of my husband's estate & need to probate
I am the executor of my husband's estate & need to probate his will to avoid foreclosure on my home. The house & property are in my name - the mortgage is in his name. His will & death certificate are… read more
Jessica B
Jessica B
1,416 satisfied customers
Estate (probate) - I am the administer of my mother's
Estate (probate) - I am the administer of my mother's estate, no will, 2 children (adults). 2 houses. son (he has no children) owes irs > 200k in back taxes and has disclaimed both properties. Ques… read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
47 satisfied customers
What are duties of probate adm, during probate? To notify
What are duties of probate adm, during probate? To notify all heirs of actions? I wish to know how actions are being handled., included.… read more
Jessica B
Jessica B
1,416 satisfied customers
I need help with estate funds and wills/probates. This is in
Little to none, but I do have his personal information, his location, and I am the only living child of his. I have some of his retirement info as well as his death date, city, and social security number. … read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
I am trying to handle the probate of my mother's estate
I am trying to handle the probate of my mother's estate myself. She died on January 27, 2018. This case is filed in the Superior Court of California, San Francisco, Ca, Case #: PES-18-301675. When I f… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
1,416 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,513 satisfied customers
I am attempting to handle the probate of my mother's estate
I am attempting to handle the probate of my mother's estate myself in San Francisco, California. Please answer the following: Whenever I file a document with the court, is it proper protocol to always… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
I have a question about an estate in probate. I don't think
I have a question about an estate in probate. I don't think the executator is being fair and would like to request a hearing with the probate judge. … read more
Jessica B
Jessica B
1,416 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,170 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
1,416 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,451 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
4 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x