Legal Question in Wills and Trusts in New York
accountings
my mom passed away this year, my brother was in charge of everything , he was executor and power of attorney, do I have a right to ask him for accounting of all her financial records ? also can he distribute assets, as he wants ?
2 Answers from Attorneys
Re: accountings
You have the right ask him to provide an accounting of all financial transactions as the attorney in fact and as the fiduciary. He must distribute the property pursuant to the provisions of the Will, if any, and if there is no Will then pursuant to the laws of intestacy.
Re: accountings
I agree with what Norman wrote, adding the following: As Executor he needs only account for what assets are covered by the Will. This does not include jointly-registered assets, insurance with a named beneficiary and/or assets with a beneficiary designation. I would be more concerned as to what he did while holding the POA, since he could have moved assets that would have been covered by the Will to what we call non-probate status (e.g., put himself on bank accounts with her). I suggest asking him for several years back tax returns so you can tell what she had and compare it mto what he reports in his accountings.