Fiduciary Accounting Challenges
Acting as a fiduciary isn’t easy. A fiduciary owes many duties to the beneficiaries and a breach of a duty can result in liability. This includes the duty to account. Sometimes an accounting is required by the governing instrument or by state statute, ordered by a court or prepared in connection with litigation. Other times, an accounting might be needed because a beneficiary requests it. In many cases even if no one demands an accounting, some type of accounting, even in informal one, may be a prudent proactive step for the fiduciary to take. When properly prepared, a fiduciary accounting will provide transparency into the administration of a trust or estate, which can satisfy the beneficiary or others with interests in the matter, or it may lead to litigation. When in litigation, Rule #1 – If you don’t already have one, get an accounting!
This informative and entertaining session will discuss the role accountings play in litigation, including:
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Fiduciary duties and responsibilities
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The “who, what, why and when” of fiduciary accountings under the California Probate Code including common mistakes to look for when reviewing an accounting
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Challenges we’ve seen working with non-professional trustees
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Fiduciary Liability
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Fiduciary Litigation
Lauriann Wright is an experienced probate litigator and estate planner. For over 25 years, she has been practicing all phases of probate law and litigation, including conservatorships, guardianships, trusts and probate estates, throughout Los Angeles, Orange and Riverside counties. The focus of her practice is the representation of professional fiduciaries, with particular success in helping fiduciaries maintain neutrality in the midst of litigation among family members. She also represents select private clients in trust and estate litigation matters, such as will and trust contests.
She has been named a Southern California Super Lawyer in Trust and Estate Litigation for 12 consecutive years, from 2012 through 2023. In fact, for 2019 through 2023, she has been named one of the Top 50 Women Super Lawyers in Southern California and, for 2020, 2022 and 2023, she made the list of Top 100 of all Super Lawyers in Southern California. For 2016 through 2023, she is also listed as one of “The Best Lawyers in America” in Litigation/Probate by U.S. News & World Report, and her law firm has been named a Best Law Firm as well. She has also been named a member of the National Advocates: Top 100 of Wills, Trust, and Estates Lawyers.
Francine Lee is a senior manager and the Business Leader for the Ernst & Young LLP (EY US) Fiduciary/Trust & Estate Accounting Services (FTEAS) team. FTEAS is a national practice with a team of over 30 professionals focused exclusively on the preparation of fiduciary/court accountings for banks, trust companies, law firms, family offices, and professional and individual fiduciaries across the country. Francine brings over 25 years of experience creating income tax and estate planning approaches for high-net-worth clients and building platforms and products at industry-leading organizations. Francine began her career as a tax attorney in private practice focusing on income and estate tax planning.
Francine is a frequent speaker at industry conferences and a published author on topics impacting fiduciaries, including fiduciary leading practices, fiduciary accountings and calculation of fiduciary accounting income.
Francine holds a Master of Laws in Taxation from New York University School of Law and a Juris Doctor from Western New England School of Law. She is admitted to the New York State Bar.
* RSVPs for this event have closed. If you would still like to attend, please email Megan I. Braun at mib@hinojosaforer.com *