Practice Area

Trust Accounting Litigation

California Trust Accounting Attorney

Ensuring Transparency: Resolving Trust Accounting Disputes with Confidence

A trust accounting is a detailed report provided by the trustee, which outlines the financial activity of an irrevocable trust or revocable trust over a specified period. The purpose of trust accounting is to provide transparency and ensure trust funds are being managed properly, according to the trust’s terms and the trustee’s fiduciary duties.

A trust accounting typically includes:

Income and Expenses

A detailed list of all income generated by the trust and the expenses paid from trust assets.

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Asset Valuation

A report of the trust’s assets, including real property, stocks, bonds, bank accounts, and other investments.

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Distributions

Documentation of any distributions made to beneficiaries, as well as the amounts and dates of those distributions.

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Changes to Trust Assets

Any sales, purchases, or transfers involving trust assets during the accounting period.

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Trust accountings are usually required periodically (e.g., annually) or when the trust is terminated or administered. Beneficiaries often rely on these accountings to ensure that the trustee is fulfilling their fiduciary duty, and to verify that trust funds are being properly managed and distributed.

In California, trust accountings are essential for ensuring transparency and accountability in the management of trust assets. Whether you’re a trustee, a beneficiary, or someone involved in trust administration, understanding and properly handling trust accountings is crucial to avoid disputes, breaches of duty, and potential legal challenges.

If you’re facing a trust accounting dispute, Ferguson Law Group’s trust accounting attorneys can assist you in resolving issues related to trust records, discrepancies in accounting, and allegations of mismanagement in San Mateo, Santa Clara, San Jose, and within California. Our goal is to protect your interests and ensure trust funds are properly managed, as mandated by the trust’s terms and California law.

While trust accountings are designed to promote transparency, disputes can arise when beneficiaries or interested parties feel that the accounting is inaccurate, incomplete, or misleading. 

Some common types of trust accounting disputes include:

Failure to Provide an Accounting

Trustees are legally obligated to provide beneficiaries with an accounting of the trust’s finances. Failure to do so can lead to significant legal consequences.

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Discrepancies in Account Balances

 Disputes may arise if there are inconsistencies or unexplained discrepancies between the trust’s reported assets and the actual balance.

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Mismanagement of Trust Assets

Claims that the trustee has failed to properly manage the trust assets, including accusations of self-dealing, negligence, or breach of fiduciary duty.

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Unauthorized Transactions

Disputes over transactions that were made without the proper authorization, such as selling trust property, making personal withdrawals, or distributing funds in violation of the trust terms.

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Fraudulent or Incomplete
Accountings

Allegations that the trustee intentionally misrepresented or omitted crucial information in the accounting to hide misconduct or mismanagement.

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Excessive Trustee Fees

Disputes over whether trustee compensation is reasonable, particularly if beneficiaries believe the fees are excessive concerning the work performed.

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We provide comprehensive legal services for both trustees and beneficiaries involved in trust accounting disputes. Our litigation attorneys will work closely with you to ensure that trust assets are accurately accounted for and that all fiduciary duties are fulfilled.



For additional information about Ferguson Law Group’s Trust Accountings services,
please contact: 408-296-3700

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