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Albertson & Davidson, LLP Obtains Court Order Requiring California Trustee to Provide Pre-Death Accounting
Date:4/13/2013

Ontario, California (PRWEB) April 13, 2013

On Thursday Los Angeles Superior Court Judge Michael I. Levanas ordered a trustee to provide a formal accounting for his acts as trustee that occurred during the last five years of the trust creator’s life.

The case—In the Matter of Mary L. Herbert 1999 Restate of Trust, case number BP137511—was filed in Los Angeles County Superior Court by one of the trust’s beneficiaries last fall by Albertson & Davidson, LLP. Prior to filing the case the trust beneficiary requested an accounting from the trustee, who refused to provide it.

At the hearing, attorney Byron K. Husted of Albertson & Davidson, LLP argued that under California law the trustee was required to account for the trust administration that took place during the trust creator’s lifetime. The trustee’s attorney argued that the trustee should only be required to account for the time after the trust creator died.

“This is a tough case because the California Probate Code states that beneficiaries don’t have a right to a trust accounting during the trust creator’s lifetime. And here we are asking the court to order an accounting to a beneficiary for a time when the beneficiary was not a vested beneficiary as defined by the Probate Code,” said Husted.

“But California law supports our argument that a trustee is required to account to trust beneficiaries for transfers that occurred during the lifetime of the trust creator, once the beneficiaries become vested. The cases we relied on this morning were Evangelho v. Presoto (1998) 67 Cal.App4th 615 and Estate of Giraldin (2012) 55 Cal.4th 1058. Giral
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