Estate Law
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Answered in 19 minutes by:
5/6/2015
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 65,884
Experience: 21 yrs estate law, real estate. Wills/Trusts/Probate
VerifiedHello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If there is an estate that is governed by a will and a trust that is governed by the trust document, then the executor of the will and the trustee of the trust both have a legal duty to provide an "accounting" and inventory of all assets to any beneficiary of the will or trust.
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If the executor or trustee has done something wrong or taken funds, then any heir or beneficiary can file an objection with the court and a "motion to compel" and force the executor or trustee to appear in court and explain any discrepancies in the financial reports.
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Finally, before an estate can be closed, the heirs have to sign off agreeing that they have gotten what they are entitled to. So the executor can't close the estate if there are outstanding challenges or objections.
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So if the sibling is both executor and trustee, then anyone can file a motion to compel and force him to provide a full accounting of assets and inflows and outflows from the estate.
.
.
thanks
Barrister
.
If there is an estate that is governed by a will and a trust that is governed by the trust document, then the executor of the will and the trustee of the trust both have a legal duty to provide an "accounting" and inventory of all assets to any beneficiary of the will or trust.
.
If the executor or trustee has done something wrong or taken funds, then any heir or beneficiary can file an objection with the court and a "motion to compel" and force the executor or trustee to appear in court and explain any discrepancies in the financial reports.
.
Finally, before an estate can be closed, the heirs have to sign off agreeing that they have gotten what they are entitled to. So the executor can't close the estate if there are outstanding challenges or objections.
.
So if the sibling is both executor and trustee, then anyone can file a motion to compel and force him to provide a full accounting of assets and inflows and outflows from the estate.
.
.
thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 65,884
Experience: 21 yrs estate law, real estate. Wills/Trusts/Probate
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
