Can an executor ofan estate refuse to give escrow papers/receipts to the equal beneficiaries named in an estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an executor ofan estate refuse to give escrow papers/receipts to the equal beneficiaries named in an estate?

My brother is executor of my father’s estate.

Asked on January 2, 2012 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

I believe what the real underlying question is here is must a fiduciary of an estate file an accounting.  And generally speaking, the answer is yes.  But more importantly, you as the beneficiaries of the estate can force the executor/fiduciary to file an accounting in the probate proceeding.  You would need to file a motion within the probate proceeding in the probate court to request an accounting.  There are generally two types of accountings: formal and informal.  You may want to consider speaking with an attorney not involved in the proceeding at this point in time as to your concerns and your options.  It will cost you out of pocket.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption