Can an executor ofan estate refuse to give escrow papers/receipts to the equal beneficiaries named in an estate?
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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 12 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.
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