Reply to Have you been deemed "Executor" and/or Beneficiary of a will and/or trust (for a parent)?

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Reply to "Have you been deemed "Executor" and/or Beneficiary of a will and/or trust (for a parent)? "

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[quote=Anonymous][quote=Anonymous]Beneficiaries (under a will or a trust) have the right to an accounting. How to enforce this right will vary from state to state, but if it is a will, probate court would be the most likely court to be able to issue the order.

Yes, you should seek counsel in the jurisdiction where the person died. They will be able to help. If it is a relatively small amount, you should be able to do it yourself. Since the right to an accounting is just that, a right, there is no real reason to have a lawyer do much other than get you started.

To be sure, if you don't think the accounting is proper when the results are in, you would be well-advised to get a lawyer to challenge it. [/quote]

As a beneficiary the executor is legally obligated to furnish you with a will, any documents you need for tax purposes, an accounting.  In some states there is inheritance tax and you get copies of all filed docs as a beneficiary.  If you don't contact that state or a county register of wills.

If you get accountings or copies of filings and see errors send a letter detailing the errors to the attorney handling the estate if there is one.  If not send it to the govt .  Hopefully the atty will adjust and refile docs and do appropriate adjustments prior to submitting a final accounting to a register of wills.  Probate is different in each state but basically follows the same pattern.

If any motor vehicles are involved get VIN numbers while you have access to the vehicles.  Those numbers don't change and vehicles are subject to skullduggery IMHE on the part of an executor or POA.  Remember executors can be paid fees- also who ever is POA and/or executor might mysteriously cause some records pertinent to distribution of assets to vanish.   You need an attorney if you challenge an accounting [final] in probate court.  Hopefully if the attorney handling the estate is honorable writing letters expressing your positions will ameliorate some of the dishonesty on the part of POA's or executors.  But that attorney is representing the estate hence the executor.  The executor might make decisions that really cheat you out of expnses [ie funeral] that should be reimbursed.  The executor might include expenses not related to the estate and reimburse himself.

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