Can a beneficiary compel an audit of an estate?
Question Details:
My sister is executor of my fathers estate (both in NY) and will not allow me access to the estate attorney, or the attorney handling lawsuits in my father's favor. My sister, myself and my brother are equal beneficiary's. My sister's answers are unsatisfactoryand I'm afraid that she may be keeping things from me. Can I demand an audit or review of what my sister has done and get the answers I have been denied? My father told me before he died there was a lot of money involved, but I don't see it.
An executor under a Will owes the estate/benfeficiaries a "fiduciary duty"; that is, when a person is given responsibility to manage estate assets, that person has been given a sacred trust and is expected to operate with honesty, integrity, and for the benefit of the beneficiaries.
To the extent a beneficiary of an estate has a justfiable suspicion that there may be a breach of such duty they can make application to the Surrogates' (Probate) Court for an accounting of the estate. This will ensure that no assets have been squandered and that there has been no self-dealing on the part of the executor.
After such proceeding, if it is determined that the executor has proven him or herself to be unqualified, incompetent, or possibly corrupt, that person can be removed from his or her position of authority. The court can do this with a "fiduciary removal proceeding."

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