How long after the death of a parent – can an estate be audited?

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How long after the death of a parent – can an estate be audited?

Our mother widow to 5 siblings passed away 20yrs. ago. At the time of her death, two siblings were named co-executors. One sibling erroneously removed themselves. Mothers will stated that any assests/revenues coming into the estate be divided x5. We believe the sibling/now sole executor did not honor this. We believe the sibling came into a large sum of money from our mothers farm estate or thru a large life insurance. Is it still possible to audit the estate? Who would pay for the audit? Thank you.

Asked on February 24, 2018 under Estate Planning, Minnesota

Answers:

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

Answered 3 years ago | Contributor

I am so sorry.  What you are talking about is a breach of fiduciary duty and in the state of Minnesota that would be governed by a 6 year statute of limitations, meaning you have 6 years to sue the fiduciary for the breach.  However, I would speak with an attorney on a consultation basis as to WHEn the 6 years starts to run and if there was any fraud on behalf of the fiduciary.  Good luck.


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