Hancock Park Trust and Estate Disputes

In brief: California trustees must keep beneficiaries reasonably informed and account at least yearly to beneficiaries entitled to current distributions. When a trustee will not explain what happened to the money, a beneficiary can petition to compel an account and ask the court to surcharge the trustee for losses. Hackard Law handles these cases on contingency: no fee and no costs if there is no recovery, unless your written agreement provides otherwise.

Hancock Park estates are often old and layered: a family home held for generations, irrevocable trusts for grandchildren, and investment accounts managed by professionals. The dispute is often not about a forged signature. It is about a trustee who will not explain what happened to the money.

Built on Rancho La Brea

G. Allan Hancock subdivided Hancock Park in the 1920s on the eastern portion of Rancho La Brea, inherited from Major Henry Hancock. Homes are set back 50 feet from the street, and the area became a Historic Preservation Overlay Zone in 2008. Hancock Park is a neighborhood of the City of Los Angeles.

The right to know

A trustee must keep beneficiaries reasonably informed and answer reasonable requests for information (Probate Code §§ 16060, 16061). Beneficiaries entitled to current distributions must receive an account at least once a year, at the end of the trust, and when the trustee changes (Probate Code § 16062).

If the trustee does not provide a requested account within 60 days of a written request, and no account was made in the six months before the request, a beneficiary can petition the court to compel one (Probate Code § 17200(b)(7)(C)). When the numbers do not reconcile, the court can order the trustee to repay the loss (Probate Code §§ 16420, 16440) and can remove the trustee (§ 15642).

Gaps that usually mean trouble

  • An account that starts mid-stream, with no opening balance.
  • “Miscellaneous” or “administrative” disbursements with no detail.
  • Trustee fees paid without disclosure.
  • Transfers between the trust and the trustee, or the trustee’s businesses.
  • Assets that appear in one statement and not the next.

Hancock Park at a glance

  • Status: Neighborhood of the City of Los Angeles
  • Developed: 1920s, by G. Allan Hancock
  • Historic Preservation Overlay Zone: Since 2008
  • The Census Bureau does not publish figures for neighborhoods within the City of Los Angeles.

Where your case is heard

Trust and probate cases for Hancock Park are heard in the probate departments of Los Angeles County Superior Court, Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, California 90012, approximately 6 driving miles from Hancock Park. Actual distance varies by starting point and route. Hackard Law’s office is in Sacramento County. The firm handles matters in Los Angeles County Superior Court and throughout California.

How fees work

Hackard Law represents families on a contingency basis. The fee is a percentage of the recovery, stated in a written agreement before work begins. The firm advances the costs of the case, which are repaid from the recovery. If there is no recovery, you owe no fee and no costs, unless your written agreement provides otherwise.

Frequently Asked Questions

Make a written request first. If the trustee does not provide the account within 60 days, and none was provided in the six months before your request, you can petition the probate court to compel it (Probate Code § 17200(b)(7)(C)). Trustees must also account at least annually to beneficiaries entitled to current distributions (§ 16062).

Under Probate Code § 16063, an account must show the receipts and disbursements of principal and income, the trust’s assets and liabilities at the end of the period, the trustee’s compensation, the agents the trustee hired, their relationship to the trustee, and what they were paid. It must also state that the beneficiary may petition the court to review the account, and that claims for breach of trust may be barred three years after the beneficiary receives an account disclosing the facts.

Surcharge is a court order requiring a trustee to pay back losses caused by a breach of trust (Probate Code § 16420(a)(3)). The trustee can be liable for the loss to the trust, any profit the trustee made through the breach, and profit the trust would have earned without it (Probate Code § 16440).

Michael Hackard
Michael HackardHackard Law
California State Bar #71067

Talk to Hackard Law

The first conversation is about what happened and when.

Call the Sage: (916) 313-3030

Hackard Law’s office is in Sacramento County.

Hackard Law represents families throughout California. hackardlaw.com

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