Does a Beneficiary Have a Right to See Financial Statements? | Gokal Law (2024)

As a beneficiary, it can feel like trustees wield all the power, but know that probate law is on your side. Trustees have a legal obligation known as their fiduciary duty to maintain transparency and provide beneficiaries with information about how they are administering a trust. And as a beneficiary, you have a right to demand this information. Many beneficiaries wonder, Does a beneficiary have a right to see financial statements? This right is crucial to ensuring a trustee is not abusing or neglecting their position.

At Gokal Law Group, we have helped countless beneficiaries enforce their rights and claim the inheritance they are entitled to when others try to steal it from them. Here’s what to know about your right to information and financial statements.

Does a Beneficiary Have a Right to See Financial Statements?

As a beneficiary, you have a right to review a trust’s records, including bank statements, the checking account ledger, receipts, real estate sales agreements, escrow closing statements, and invoices. This transparency is vital to defending your inheritance.

California trust beneficiary rights include the right to reasonable information regarding how a trustee is managing the trust. Probate Code section 16060 adds some more context when answering, Does a beneficiary have a right to see financial statements?

A trustee’s fiduciary duty overlaps with this right because they must keep beneficiaries “reasonably informed” about the trust administration, which can include financial transactions made by the trustee on behalf of the trust. Further, you have the right to demand information if they fail to provide it.

While the particulars of a demand can vary depending on the nature of the trust and circ*mstances surrounding administration, the information beneficiaries demand usually includes financial statements.

Many beneficiaries also have the right to an accounting. Per Probate Code Section 16062, a trustee must account to certain beneficiaries. If a trustee refuses to show you financial statements, working with a trust litigation attorney as soon as possible is essential.

A trustee withholding information related to the trust is a red flag that they are not upholding their duties or possibly abusing their station. Financial statements are often where you will first spot instances of self-dealing, a conflict of interest, or an even worse breach of fiduciary duty.

“There is a distinction between financial statements and an accounting. An accounting is a formalized report of all trust transactions, such as expenses paid, income earned, and distributions made to trust beneficiaries, while financial statements are simply copies of transactions relating to a trust, such as receipts and bank statements. Both are valuable and can serve as centerpieces of litigation if a trustee is abusing or neglecting their station.”

– Andrew Micaraset, Associate, Gokal Law Group

Related Article: Trustee Duties in California: Keeping Beneficiaries Informed

Is a Trustee Violating Your Right to Information? Schedule a Consultation to Enforce Your Rights!

So, Does a beneficiary have a right to see financial statements? Yes. Not only do you have a right to see these statements, but you have the right to demand them, and a trustee must provide you with this information when you request it. If they refuse to do so, trust litigation often follows. Let us help in these situations.

To enforce your rights and safeguard your inheritance, visit our Contact Page to schedule a free consultation.

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The information provided on this website does not, and is not intended to, constitute legal advice. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Gokal Law Group, Inc. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

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Does a Beneficiary Have a Right to See Financial Statements? | Gokal Law (2024)

FAQs

Does a Beneficiary Have a Right to See Financial Statements? | Gokal Law? ›

So, Does a beneficiary have a right to see financial statements? Yes. Not only do you have a right to see these statements, but you have the right to demand them, and a trustee must provide you with this information when you request it. If they refuse to do so, trust litigation often follows.

Does a beneficiary have a right to see financial statements? ›

In general, beneficiaries do have the proper to request data about the estate, inclusive of financial institution statements. However, the unique regulations and limitations on gaining access to bank statements may also range relying on the jurisdiction and the particular circ*mstances of the estate.

Can a beneficiary ask to see bank statements? ›

As a beneficiary you are entitled to information regarding the trust assets and the status of the trust administration from the trustee. You are entitled to bank statements, receipts, invoices and any other information related to the trust. Be sure to ask for information in writing.

What is the legal right of a beneficiary? ›

Generally speaking, California law states that beneficiaries have a right to information and accounting regarding the trust. More specifically, beneficiaries have a right to information regarding all changes made to the trust promptly, and they have a right to know the plan to administer and distribute the estate.

Can a beneficiary ask questions? ›

With regards to the process of estate administration, a beneficiary may enquire of an executor or directly from the Master of the High Court's office as to the progress of the winding up of the estate. With regards to their inheritance, a beneficiary may renounce an inheritance.

Who may need to see your financial statements? ›

If you're looking for investment, lenders and investors will usually want to see your financial statements before committing funds.

Do beneficiaries have access to bank accounts? ›

When a person passes away, their assets are distributed in accordance with either their estate plan or California's intestate succession laws. However, certain assets, including most bank accounts, can pass directly to beneficiaries, without the need for probate or the court's intervention.

Who is entitled to receive a beneficiary statement? ›

A written request for a beneficiary statement needs to be made by an entitled person before the mortgage holder is required to respond. An entitled person includes: the original borrower (property owner) on the mortgage; the successor-in-interest (new property owner) to the original borrower; or.

Does a trustee have to show accounting to beneficiaries? ›

Generally, the trustee only has to provide the annual accounting to “each beneficiary to whom income or principal is required or authorized in the trustee's discretion to be currently distributed.” The trust document has to be read and interpreted to determine who is entitled to accountings.

Who can see deceased bank statements? ›

Here are some examples of who might be able to view the bank statements of an individual who passed away: Executor or Administrator. Beneficiaries. Probate court officials.

Do beneficiaries have enforceable rights? ›

It is a fundamental right of a beneficiary to ensure that an estate is administered properly according to the terms of the Will. To do so, beneficiaries must be provided with enough information to enforce their rights.

Can an executor withhold money from a beneficiary? ›

Legally, the executor cannot change the will or refuse payment, but executors can breach their fiduciary duty, as explained below, leaving beneficiaries vulnerable to creditors.

Can a beneficiary give up their rights? ›

The good news is that the state of California allows beneficiaries to give up their right to inheritance. However, the legal requirements of giving up inheritance in California can be complicated. That is why, if you are considering refusing your inheritance, you should retain the services of a skilled attorney.

Can a beneficiary of a trust ask to see bank statements? ›

As a beneficiary, you have a right to review a trust's records, including bank statements, the checking account ledger, receipts, real estate sales agreements, escrow closing statements, and invoices. This transparency is vital to defending your inheritance.

What can override a beneficiary? ›

The Will will also name beneficiaries who are to receive assets. An executor can override the wishes of these beneficiaries due to their legal duty.

How do you deal with hostile beneficiaries? ›

Transparency and keeping an open dialogue will often prove helpful in making the beneficiaries comfortable with how the estate monies are being handled. Executors should keep detailed and careful records of all withdrawals from estate funds.

Who can access financial statements? ›

The right to access such company records is set out in section 26 of the Companies Act, which provides that any person who holds or has a beneficial interest in the securities of a profit company has a right to have access to or to be furnished with a copy, of the annual financial statements of the company for their ...

Do I have to report money received as a beneficiary? ›

Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received.

References

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