Legal Question in Wills and Trusts in New Jersey
Executor not providing estate accounts bank statements to heir despite multiple requests I made over the past 3 months. Executor has now retained an estate attorney ( supposed to represent the interests of the estate and it's beneficiaries - Correct ? ). When I made the request in conversation with the estate attorney the attorney said "the executor does not have to provide the bank statements". Yet everything I have read so far indicates I am entitled to have copies of the complete bank statements since time of death. Will filed in Bergen County NJ. Which is correct ?
1 Answer from Attorneys
The attorney is correct, at least initially. A general informal accounting is usually provided and if you disagree with it, or think that there is something being hidden, you can challenge it and require a formal accounting with the Court where you can ask for any back up you believe is necessary, including bank statements. You should be careful in doing so, however, because if you are wrong, all you are really doing is "eating up" the assets of the Estate because the cost of the accounting will come out of any amounts that the beneficiaries would be receiving. Or worse, if your requests are deemed in bad faith, the additional fees and costs may come out of your share. If the executor has truly done something wrong, the Court can order that he/she pay all counsel fees and costs.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner