We often represent abused beneficiaries who are forced by trustee inaction to petition the probate court to order the trustee to account. The petition must follow the formalities set forth in the probate code.
Once the trustee accounts, the petitioner and their advisers will take a close look at the information provided. If the trustee fails to maintain accurate record, they are presumed to be in violation of their fiduciary duties.
The trustee has the duty to prove every item of their account by satisfactory evidence. Doubts from the failure of the trustee to keep records are resolved against the trustee. The trustee has the duty to support every item of the account.
How do these cases arise? I’ll start with noting that they arise wit[...]