If I’m a beneficiary of a Will., can I file a petition to get a final accounting of the entire estate?

UPDATED: Oct 1, 2022

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If I’m a beneficiary of a Will., can I file a petition to get a final accounting of the entire estate?

My grandmother passed away 9 months ago. I haven’t been kept informed of anything and I have suspicions about the estate not being handled properly, outside of my inheritance. My uncle is executor. The estate is still open.

Asked on March 13, 2019 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can: as a beneficiary, you have "standing," or a legally recognized interest, in the estate, its management or administration, and in ensuring that you receive the correct amount and also that money or assets are not diverted from the estate or wasted. You therefore have a legal right to file an action for an "accounting" to see how the executor is discharging his duties and managing the estate. Such an action can be procedurally complex; you are advised to retain a probate attorney to help you.

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.

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