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

objections to Trustee's accounting? JA: What...
I am in the State of California. Do Have you a sample of objections to Trustee's accounting?
JA: What documents or supporting evidence do you have?
Customer: I have receipts and supporting evidence that the accounting submitted to the court is incorrect and or not specific
JA: Since laws vary from place to place, what state is this in?
Customer: California
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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?
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Answered in 3 minutes by:
9/23/2017
jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 485
Experience: I am a Probate Attorney practicing in Tampa, Florida.
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.

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

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Customer reply replied 2 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 2 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.

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

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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.

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Customer reply replied 2 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.

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

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Customer reply replied 2 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.

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Customer reply replied 2 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.

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Customer reply replied 2 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.

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