Legal Question in Wills and Trusts in New York

Accounting of Estate

I and my two siblings are heirs to our father's estate. He passed away 20 months ago and the estate has not been settled as yet (it is in probate). It is a simple estate of about $100,000 (gross). We have asked the executor to provide us with an accounting of what has been put into the account and what has been paid out thus far. We have also asked for copies of tax returns, which we understand we are entitled to. Does the executor, who was my father's wife, have to provide us with returns? These are joint returns so I know she is reluctant, but we need to know our rights. Also, since he passed away in 2002, what returns are we entitled to? We are trying to avoid going through the Surrogates Court if possible.


Asked on 3/19/04, 2:17 pm

3 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Accounting of Estate

You are entitled to all information concerning the property owned by your father individually; this is the property administered by the Executor.

Unless there are some reasons for delay you should have received your distributions by the 8th month following death.

Speak to the Probate clerk and ask how you can demand an accounting.

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Answered on 3/19/04, 4:38 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Accounting of Estate

I am sorry for your loss.

I assume the executor is a 2nd wife, and that is why there is a problem with communication.

You have a right to examine all of the relevent financial documents surrounding your father's estate. In addition, 20 months is an excessive period for the process.

Sometimes a letter from a lawyer can get results where other options have failed. I would be happy to write a letter for you in my name requesting the documents and an update on the delay for no fee.

You are also welcome to a consultation for no fee at my offices at 42 West 44th Street, New York, NY. Please call for an appointment first; (646)- 591-5786

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Answered on 3/19/04, 5:57 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Accounting of Estate

If you are heirs, you are only entitled to estate inheritance and income tax returns, not personal income tax returns unless there are questions of whether or not all assets of the estate are accounted for. By now, on an estate of this size, you should have received an accounting. If you do not get one, you will have to go through the Surrogate's Court.

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Answered on 3/20/04, 1:31 am


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