LexisNexis® Legal Newsroom
Compulsory Accountings – Necessary Parties

By Adam J. Gottlieb Settling an accounting for an Estate or Trust can be accomplished in three ways: 1. Informal accounting using receipts and releases; 2. Obtaining a decree upon filing receipts and releases with the court; and 3. Judicial settlement of the account, which can be initiated...

Contested Accountings and Attorneys Fees

When objections to a fiduciary accounting are sustained and the court imposes a surcharge or denies commissions or grants removal, it may also charge the legal fees of the fiduciary against the fiduciary individually for their misconduct. In other circumstances, the court may also impose the objectant's...

Representing a Trustee in an Accounting Proceeding

By Dawn M. Hall Cauthen Dawn M. Hall Cauthen is senior counsel at Procopio, Cory, Hargreaves &Savitch LLP in Carlsbad, California, where she focuses her practice on the areas of estate planning, trust administration, probate, estate tax and gift tax matters. Ms. Cauthen is a contributing author...

The Duty to Report in Trust Accounting

By Dawn M. Hall Cauthen Dawn M. Hall Cauthen is senior counsel at Procopio, Cory, Hargreaves &Savitch LLP in Carlsbad, California, where she focuses her practice on the areas of estate planning, trust administration, probate, estate tax and gift tax matters. Ms. Cauthen is a contributing author...

New California Trust Case – The Probate Court Can Order An Accounting Sua Sponte – Christie v. Kimball

By David W. Tate Christie v. Kimball (California Court of Appeal, Second District, January 26, 2012) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], holds that the probate court can order an accounting sua sponte (i.e., on its own...