What to do if an executor is not filling taxes regarding an estate?

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What to do if an executor is not filling taxes regarding an estate?

As first listed co-executor, I have been asked to “waive notice and a surety bond”. I suspect that my mother’s taxes (federal, state, and local) were not properly filed. The filing of all legal documents were done througout the last 7 years by sister’s(she is also co-executot) husband, who has repeatedly refused to provide me copies of my mother’s returns. How does this affect myself, younger sister and older brother, all 4 of whom are equal benefeciaries in the Will?

Asked on June 18, 2013 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  The Waiver you speak of, is it for the tax info specifically or are you just filing the Will for probate?  If you suspect that there has been a Breach of Fiduciary duty on the part of the other Executor then you can challenge her in Court and ask for an accounting.  I would do so soon and I would consult with an atorney as to how this will impact you as well.  7 years is a long time to wait for the information.  Good luck.


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