Legal Question in Wills and Trusts in New York
Legal advice needed concerning accounting of Mothers estate.
I am one of three named beneficiaries named in Mothers will.Sister executrix brother co-executor.It has been a 1 1/2 years since Mom passed away, sister and brother had complete control of all finances.I sat in on a brief meeting with sister and estate attorney in the attempt to do an informal accounting.I was told the estate is short $3,000 or so.I tend to believe the figure is higher.While sitting in on this meeting I watched as my sister handed the attorney slips of paper and hand written notes that were taken as receipts.There were no bank statements presented nor have I seen any.Partial disbursement has been given and both siblings were reimbursed for monies that I have no idea if their claims were even legitimate.Do I have a right to ask for a copy of these receipts?Do I have a right to have a copy of Moms checkbook and savings account book?Do I have a right to request a copy of all bank statements?Only my siblings were listed on Moms accounts.The bank informed me they can not release these to me.A second disbursement of monies was distributed without my consent.I was given a release to sign after the fact of my siblings already having received a check.Can I hire my own accountant to do a full accounting of the estate?
2 Answers from Attorneys
Re: Legal advice needed concerning accounting of Mothers estate.
You, upon request addressed to the Surrogate, are entitled to a full judicial accounting of all transactions undertaken by the Executors.
Re: Legal advice needed concerning accounting of Mothers estate.
Norman is correct, but a full judicial accounting can be very expensive and the cost comes from estate assets. To complte the estate, the executors are required to submit at least an informal accounting, and you have to sign documents approving the accounting. I suggest that you contact the attorney representing the executrix-estate and demand access to all information for an accounting, plus copies of all bills, receipts, etc., based upon which bills were paid or others were reimbursed. You can retain an accountant to assist you. If you are not satisified, you can bring an action in the Surrogate's Court for an accounting and seek to surcharge the executrix if anything improper has been done. A question for you. You state you were told the estate is "short". If so, how were partial distributions made, since they could not be made if the estate was short. All known or anticipated bills have to be paid or provided for before any distribution can be made.
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