The amount of fees is listed, and all I have to do is argue why they are too high. The process for the final accounting varies somewhat among the states so the required forms vary as well. What happens between the first hearing and the trial? 3129 0 obj <> endobj That’s also valuable information because now I know that my entire case exists on the face of the accounting. All States. Starting a breach of trust/accounting case. Nothing is decided at the first hearing except that a date is selected by the Judge for a status hearing and/or trial setting conference typically months in the future. So it pays to simplify the process. Thus, the filing of the accounting does not necessarily end the case but is only a milestone that gives specific information about the finances of the trust and may lead to further claims against the trustee. What Does the Executor of a Will Get Paid? Each side is given an opportunity to cross-examine the other side’s witnesses and evidence. Even though the Total Charges are the same as the Total Credits, the numbers, when added, don’t agree. Connecticut. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The accounting must list the property held by the trust at the beginning covered by the accounting. A trust and estate attorney would be able to advise a trustee as to just exactly what must be done to comply with the accounting laws. All persons entitled to a distribution from the estate have executed and filed a written waiver of account or a written acknowledgment that their interest in the estate has been satisfied. The California Probate Code outlines the requirements of a valid accounting. The California Probate Code outlines the requirements of a valid accounting. Next, I turn to the actual schedules and start adding up the numbers and totals listed there. One of the most common questions about serving as the executor of a will is whether an executor gets paid for administering a decedent's estate—and the logical follow-up to that question is, “If so, how much?" %%EOF Sometimes people wait until appeal deadlines run before taking steps to enforce the Judgment. When the petition is filed, the court sets it for an initial hearing about 3 to 6 months ahead, depending upon how crowded the court calendar is. Also, contempt of court proceedings might be needed, depending upon the situation. Sold! That’s valuable information because at least I am not stuck wondering if the problem is evident from the face of the accounting. This means that the Judge won’t actually decide until 30 or more days after the last day of trial. But is one right for your particular situation? This is true even if you prepared the accounting on your own computer. Other than taxes or creditor claims addressed in this petition, petitioner has no reason to believe that any public entity

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