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 Accountings 1 Generally Purpose = Allow beneficiary to obtain information to see if trustee  Accountings 1 Generally Purpose = Allow beneficiary to obtain information to see if trustee

Accountings 1 Generally Purpose = Allow beneficiary to obtain information to see if trustee - PowerPoint Presentation

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Uploaded On 2020-04-06

Accountings 1 Generally Purpose = Allow beneficiary to obtain information to see if trustee - PPT Presentation

Texas does not require regular accountings Some states require annual accountings even without beneficiary request or court order 2 Who may request an accounting 1 Beneficiary 113151a ID: 775972

accounting trustee 113 beneficiary accounting trustee 113 beneficiary trust request accountings court 151 152 contents demand written days provide

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Presentation Transcript

Slide1

Accountings

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Generally

Purpose = Allow beneficiary to obtain information to see if trustee is breaching duties.Texas does not require regular accountings.Some states require annual accountings even without beneficiary request or court order.

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Who may request an accounting?

1. Beneficiary -- § 113.151(a)Written demand to trustee.

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Who may request an accounting?

1. Beneficiary -- § 113.151(a)Written demand to trustee.Trustee must provide accounting within 90 days.

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Slide5

Who may request an accounting?

1. Beneficiary -- § 113.151(a)Written demand to trustee.Trustee must provide accounting within 90 days.If trustee does not, any beneficiary may sue.

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Who may request an accounting?

1. Beneficiary -- § 113.151(a)Written demand to trustee.Trustee must provide accounting within 90 days.If trustee does not, any beneficiary may sue.Court may award beneficiary’s attorney fees and court costs against: trust, or trustee personally.

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Who may request an accounting?

1. Beneficiary -- § 113.151(a)Written demand to trustee.Trustee must provide accounting within 90 days.If trustee does not, any beneficiary may sue.Court may award beneficiary’s attorney fees and court costs against trust or trustee personally.Only one accounting per 12 months unless court orders more.

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Who may request an accounting?

2. Interested Person -- § 113.151(b)File suit against trustee.Court will order accounting if it finds the interested person’s interest warrants an accounting.

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Contents of Accounting -- § 113.152

1. All new trust property not previously accounted for.

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Contents of Accounting -- § 113.152

2. Account of all:ReceiptsDisbursementsOther transactionsSource and nature of eachShow income and principal separately

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Contents of Accounting -- § 113.152

3. List and description of all trust property.

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Contents of Accounting -- § 113.152

4. Cash balance on hand and where kept.

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Contents of Accounting -- § 113.152

5. All known liabilities

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Settlor’s Ability to Alter Accounting Rules

1. Settlor may require accountings at a stated time, interval, or event.

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Settlor’s Ability to Alter Accounting Rules

2. Total waiver of accountings not allowedAgainst public policyWithout accountings, beneficiaries unable to ascertain if trustee in breachHollenbeck v. Hanna – p. 617

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Settlor’s Ability to Alter Accounting Rules

3. Limitations allowed under § 111.0035(b)(4)(A):Trust is revocable, orBeneficiary of irrevocable trust is remote:Not entitled to current distribution.Not entitled to distribution if trust ended now.

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Advice

Keep trust records in accounting form from Day 1.

Render regular accountings even if not asked.Easier to obtain recordsGood reflection on trusteeGood psychological effect on beneficiariesRespond to accounting requests promptly.

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