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Attorney & Mediator, Attorney
Category: Estate Law
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does an executor or financial person for an estate have to

Resolved Question:

does an executor or financial person for an estate have to provide an accounting to the dependents of the estate
Submitted: 6 years ago.
Category: Estate Law
Expert:  Attorney & Mediator replied 6 years ago.
The obligation of the accounting is to be provided to the court. The beneficiaries of the estate have the right to ask for information about the accounting and typically the right to a copy is allowed for once a year. So the answer is yes the beneficiaries have the right to review the accounting which the executor has provided to the court. A request for copies can typically be requested once a year if the estate has not yet settled.





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Customer: replied 6 years ago.
I guess I was not clear. As one of the beneficiaries of my Father Estate, I have NEVER received any copies of accounting, nor do I believe the executor has ever provided anything to the court. My Father has since passed away (two years ago) and my sisters and I have no idea what was in the accounts or how the money was distributed since the executor took over the financial aspect of my Father's estate prior to his passing. the Executor is my oldest sister, I have two other sisters who also has never recieved anything. We beleive there is fowl play that has taken place with his money and she refuss to provide any type of accounting summary. Is is obligated to provide this to us even after my Father's passing.
Expert:  Attorney & Mediator replied 6 years ago.
I see, all beneficiaries were entitled to be kept informed by the executor. The executor becomes a fiduciary officer who owes all beneficiaries due of care in handling your father's estate. Upon demand she should have complied with your requests. If she has now been relieved of her duties it may be hard to request compliance. You may need to review the probate records for the information submitted to the court. If you suspect fowl play it is possible to reopen the estate to challenge her competency.


Is is obligated to provide this to us even after my Father's passing.


Once she is relieved of her executor duties by the court, she has no more duties owed to you. You would need to review the probate file for the information.







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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 6 years ago.
  1. What declares an estate closed. There is still accounts open that we are waiting for her to close, therefor I assume it is still open, which would mean she should be able to provide it correct? Also, how would I find out what the probate number is?
Expert:  Attorney & Mediator replied 6 years ago.
What declares an estate closed. There is still accounts open that we are waiting for her to close, therefor I assume it is still open, which would mean she should be able to provide it correct?

It means that all issues of the estate have been taken care of and the court has officially entered judgment that the estate is closed. So if accounts still remain open, the estate would not be considered closed.

Also, how would I find out what the probate number is?

I am assuming you mean the probate court phone number? You would need to contact the local court clerk where you father died for the probate number. For NY these are called the Surrogate's courts. The links to their contact information is below:

http://www.nycourts.gov/courts/nyc/surrogates/




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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

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