An accounting by a fiduciary usually involves an inventory of assets, debts, income, expenditures, and other items, which is submitted to a court. Such an accounting is used in various contexts, such as administration of a trust, estate, guardianship or conservatorship. Generally, a prior demand by an appropriate party for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting.
Washington Demand for Accounting from a Fiduciary such as an Executor, Conservator, Trustee or Legal Guardian is a legal process that allows interested parties to request a thorough and transparent financial report from a person holding a fiduciary position. This demand ensures that those entrusted with managing another person's assets, estate, or financial affairs are held accountable for their actions. In Washington state, there are various types of demands for accounting from fiduciaries, depending on the specific role they serve: 1. Executor: An executor is a person appointed under a will to administer the estate of a deceased individual. When an executor is managing the estate's assets and distributing them among beneficiaries, interested parties may request a demand for accounting to assess the executor's handling of finances, ensure the proper administration of the estate, and prevent any mismanagement or misconduct. 2. Conservator: A conservator is appointed to manage the financial affairs and personal assets of an individual lacking the capacity to do so themselves. In Washington, a demand for accounting can be made concerning the conservator's management of the conservative's finances, including income, expenses, investments, and distributions. This demand ensures the conservator acts in the best interest of the conservative, avoids conflicts of interest, and maintains accurate records. 3. Trustee: A trustee holds legal title to assets in a trust and is responsible for managing and distributing them according to the terms of the trust document. Interested parties can demand an accounting from a trustee to review the trust's financial activities, confirm accurate record-keeping, assess investments, and track distributions to beneficiaries. This demand safeguards the beneficiaries' rights, prevents potential breaches of fiduciary duties, and promotes transparency in trust administration. 4. Legal Guardian: A legal guardian is appointed by the court to care for and manage the personal affairs of an incapacitated person, often known as a ward. A demand for accounting can be made to ensure that the guardian is properly managing the ward's finances, accurately documenting income and expenses, and acting in the best interest of the ward. This demand aims to protect the ward's assets from potential misappropriation, fraud, or negligence by the guardian. In Washington state, the demand for accounting is a crucial tool for interested parties, beneficiaries, or creditors who suspect financial mismanagement, breach of fiduciary duty, or misconduct by an executor, conservator, trustee, or legal guardian. By utilizing this legal mechanism, individuals can safeguard their rights, hold fiduciaries accountable, and maintain transparency in the administration of estates, trusts, and guardianship.
