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Oregon Objections by Trustee to Petition for Trust Accounting

Trust Accounting Template California

Name: Oregon Objections by Trustee to Petition for Trust Accounting
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.79 (310 reviews)

Category:

Oregon Court Samples - Accounting of Trust - Sample Case 2

State:

Oregon

Control #:

OR-HJ-550-03

Format:

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Description

A03 Objections by Trustee to Petition for Trust Accounting

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FAQ

Taxes paid, disbursements made to trust beneficiaries, and gains and losses on trust assets. Fees and expenses paid to advisors of the trustee, such as attorneys, CPAs, and financial advisors.

Each beneficiary is entitled to a trustee's accounting, at least annually, at termination of the trust, and on upon a change of trustee. (California Probate Code 16062). Unfortunately, not all beneficiaries are entitled to automatic accounting, nevertheless, the court may force the trustee to provide an accounting.

To familiarise itself with the terms of the trust especially beneficiaries and trust property; to act honestly, reasonably and in good faith; to preserve and not waste the value of the trust assets; to accumulate or pay income as directed by the trust instrument;

If you fail to receive a trust distribution, you may want to consider filing a petition to remove the trustee. A trust beneficiary has the right to file a petition with the court seeking to remove the trustee. A beneficiary can also ask the court to suspend the trustee pending removal.

Right to formal accounting: generally speaking, a trustee is required to provide a trust accounting at least annually, at the termination of the trust, and upon a change of trustees. Accountings are also required at the termination of a trust and upon a change of trustee. (See California Probate Code section 16062(a).)

If the trustee fails to account, he or she is in violation of the statute and his or her fiduciary duty. If the beneficiaries are harmed by the lack of accounting, the trustee may be liable. Further, the court may become involved, may levy sanctions and could even remove the trustee.

Whether you are the Trustee, Beneficiary, or Heir of a Living Trust, the question is, can a Trust be contested? The quick answer is, Yes, a trust can be contested! When contesting a trust, i.e., disputing a Trust, voiding a Trust, invalidating a Trust, you will need to consider how the Trust is invalid and a trust

A person appointed as trustee does not have to accept the appointment. He or she can decline to serve, usually by written instrument. After appointment and acceptance, a trustee may resign, generally only by a written instrument. A trustee may also be removed according to the terms of the trust or by court action.

Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs.

Trust Accounting Template California

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FAQ

What is included in a trust accounting?

Are beneficiaries entitled to an accounting?

What are the legal obligations of a trustee?

What if trustee refuses to distribute assets?

Does trustee have to provide accounting?

What if Trustee does not provide accounting?

Can you contest a trustee?

How do you decline a trustee?

How long does a trustee have to distribute assets?

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