Who monitors a trust after settlor passes for probate?

UPDATED: Oct 1, 2022

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Who monitors a trust after settlor passes for probate?

Who monitors a trust after settlor
passes to ensure minimum asset values
are are met for probate or not?

Asked on August 20, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no government or outside agency or third party which monitors the trust. The trustee(s)  are in charge of making sure that the trust does what it's supposed to--that's the role of trustees. If the beneficiaries of the trust believe that the trustee(s) are either shirking their responsibility or actively taking money from the trust (or diverting assets to friends or families, or otherwise using trust assets for their own purposes), the beneficiaries can file a kind of legal action in county court traditionally called an action for an "accounting" (your state may have a different name for it) in which they ask the court to make the trustee(s) "account" for what they are doing. If the court finds the trustees are failing in or violating their responsibilities, the court can order that they do or not do certain things, repay monies to the trust, or replace them as trustees.

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