News & Analysis as of

Trustees Accounting

Winstead PC

Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated?

Winstead PC on

Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what assets are in the trust or should be in...more

Lowenstein Sandler LLP

Exculpation Ruling Shows Danger Of Overbroad Clauses

Lowenstein Sandler LLP on

It is common that accountants seek to limit their liability to a client in the event of malpractice. Typically, in the retention agreement, the liability is limited to the amount of fees paid by the client to the accounting...more

Weintraub Tobin

Bringing Down The Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

Weintraub Tobin on

As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when...more

Holland & Hart LLP

Uniform Principal and Income Act

Holland & Hart LLP on

Trustees constantly deal with the characterization of receipts and disbursements for the purposes of calculating fiduciary accounting income. Fiduciary accounting income is not the same as taxable income; taxable income is...more

Faegre Drinker Biddle & Reath LLP

Indiana Court of Appeals Opinion Reminds Trustees to Be Transparent and Careful in Accountings

When more than $250,000 was missing from a final trust and estate accounting, a beneficiary objected. But the trial court approved the accounting and closed the estate. A unanimous panel of the Indiana Court of Appeals...more

Farrell Fritz, P.C.

Releases: End of the Road or Just a New Beginning?

Farrell Fritz, P.C. on

The fiduciary who thinks a receipt and release is the answer to all future claims for an accounting and liability may have a surprise in store. Over the past several months, Surrogates have explored the issue of receipts and...more

Chambliss, Bahner & Stophel, P.C.

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

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