Legal Question in Wills and Trusts in New Jersey
A formal request for an interim accounting has been made to the estate executor after months of informally requesting details on the estate financials and receiving little or no cooperation or disclosure from the executor. A very simple estate comprised of a home plus it's contents approximate value $400K, and 3 bank accounts that have been consolidated into an estate account approximate value $150K less funeral expenses, medical expenses, etc., which now 9 months post death should have few additional expenses.
What would be a reasonable amount of time from receipt of the request to delivery of the interim accounting ?
Is it reasonable to request key supporting documents ( copy of deed, and copies of estate account bank statements ) in advance of delivery of the complete interim accounting, and if so what would be a reasonable turnaround time for delivery of just these documents ?
3 Answers from Attorneys
It is certainly reasonable to ask for back up documents in order to determine the validity of the informal accounting. Since the person who prepared the interim accounting must have used those documents in preparation of same, it should be immediately available, taking into consideration the time and cost to copy same.
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
It is certainly reasonable to ask for back up documents in order to determine the validity of the informal accounting. Since the person who prepared the interim accounting must have used those documents in preparation of same, it should be immediately available, taking into consideration the time and cost to copy same.
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
I agree with Bob that it is reasonable to make inquiries if you are an heir and no information is being supplied, or the information is incomplete and/or long overdue. If there have been problems, I traditionally keep the heirs informed and provide progress reports.I suggest having an attorney solicit the information and supporting documents to assure complete information is being provided. While there is no specific time period for presentation of this material to the heirs, a simple estate like you describe should allow a preliminary informal accounting in a few months from qualification (3-4 months). There may be some problems with the house and its being sold, but this information should be given to the heirs, so they know what is causing delays.
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