Accounting for Fiduciaries' Actions
As with all other fiduciary duties, accounting is an integral part of being a fiduciary of an estate or trust, and must be handled with due care to protect both the fiduciary and the beneficiaries.
December 30, 2021 at 12:00 PM
6 minute read
A fiduciary, whether an Executor, Administrator, or Trustee, at one time or another will have to account for their actions to the beneficiaries, often in the form of an "Accounting." An accounting is a detailed record of the fiduciary's management of the estate or trust, and may be provided to the beneficiaries informally, through an informal schedule and receipt and releases, or judicially, through court-prescribed forms and a decree from the court.
At the conclusion of the administration of an estate (or trust), the fiduciary should provide an accounting to the beneficiaries prior to distribution of estate assets. Many estates conclude with an informal accounting, where the fiduciary provides an informal schedule of the income, expenses, and proposed distributions. The beneficiaries review this informal schedule and may ask the fiduciary questions regarding the transactions or to review records supporting the accounting. Once approved by the beneficiaries, the fiduciary will request each beneficiary to execute a receipt, release, refunding, and indemnification agreement before they can receive their distribution. This document states the beneficiary approves the accounting as provided, releases the fiduciary from liability for their estate-related actions, agrees to refund the fiduciary if liabilities surface and the fiduciary does not hold sufficient assets to pay them; and indemnifies the fiduciary on behalf of the beneficiary and their heirs. Ensuring that all beneficiaries execute a document of this kind prior to receiving distributions is one of the most important aspects of the administration of the estate, as it protects the fiduciary from litigation over their estate-related actions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCaught In the In Between: A Legal Roadmap for the Sandwich Generation
8 minute readGift and Estate Tax Opportunities and Potential Traps in 2025 for Our New York High Net Worth Clients
7 minute readLaw Firms Mentioned
Trending Stories
- 1Corporate Litigator Joins BakerHostetler From Fish & Richardson
- 2E-Discovery Provider Casepoint Merges With Government Software Company OPEXUS
- 3How I Made Partner: 'Focus on Being the Best Advocate for Clients,' Says Lauren Reichardt of Cooley
- 4People in the News—Jan. 27, 2025—Barley Snyder
- 5UK Firm Womble Bond to Roll Out AI Tool Across Whole Firm
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250