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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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I am one of 8 heirs to my uncle's estate. My cousin is the

Customer Question

I am one of 8 heirs to my uncle's estate. My cousin is the executor. My uncle died over 4 years ago. His condo was sold in March of 2014. My cousin does not reply to any inquiries about the status of the estate. What recourse do the heirs have to get a status on where this stands?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
The ultimate recourse here is to contact the probate court and via the courts file a motion for formal accounting. Since the estate has not been closed and the estate has not yet been disbursed, beneficiaries and heirs are entitled to a formal summary of assets and a schedule of disbursements. If the executor still won't do anything, the next step is to retain counsel and file against the executor for 'breach of fiduciary duty' and likewise request that the courts remove him as executor for failing to perform his obligations.
Sincerely,
Dimitry, Esq.