QUESTION
How can I get a copy of an accounting record of a state?
Asked on Mar 05th, 2013 on Estate Planning - California
More details to this question:
I am trying to get a copy of an accounting for an estate but the executor is not willing to provide. I am a beneficiary in the will. I was summoned to a probate hearing to sign the release papers by the executor but I want to see the accounting record of the state.
18 ANSWERS
File an opposition with the court. A good probate lawyer can help.
Answered on Mar 08th, 2013 at 11:42 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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In Michigan, if you are a beneficiary of an estate, you can go to the probate court and ask to take a look at the probate file. If there is an accounting filed then it will be there. If it is informal probate or unsupervised probate, then you could petition the court to supervise the estate so that you can request a formal accounting. You should consult with an attorney.
Answered on Mar 08th, 2013 at 1:02 AM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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The Probate Code provides that beneficiaries are entitled to accounting of the estate prior to distribution. This is usually done in Court at the time of the Final Accounting to the Court, where the Executor asks permission to distribute the estate and close it. At that time, you are entitled to an accounting. If you do not receive one, you should go into court and request one.
Answered on Mar 07th, 2013 at 2:35 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If I were you, I would attend the hearing and object to the accounting (and the release), on the basis that you have requested copies and the executor refused to provide it to you. The judge would very likely apply some much needed leverage and compel the production of the documents. It will also make the executor look bad, in front of the court. You may want to have an attorney assist you with this, as that will add oomph to your arguments.
Answered on Mar 07th, 2013 at 2:34 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain probate litigation counsel to file a petition for an accounting to compel the executor to provide the legally required accounting, legally required by the state of California.
Answered on Mar 07th, 2013 at 2:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should have been provided a copy of the estate accounting prior to the time you are asked to file a release. If you signed a release without review then you are negligent. In any case the accounting should be available in the probate court file.
Answered on Mar 07th, 2013 at 2:34 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You should be able to request it from the probate office especially if you are a beneficiary of the estate.
Answered on Mar 06th, 2013 at 4:06 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Don't sign the release. Notify the executor's lawyer that you have not received the accounting. (Just send him or her an email to that effect.) You can check the court file. Your statement, "I was summoned to a probate hearing to sign the release papers," makes little sense. "Summoned" is a term of art that probably is not what happened.
Answered on Mar 06th, 2013 at 4:06 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Check the courts file. Or, petition the court; if you are a beneficiary, there is no way the PR can refuse to provide you with a copy of the account.
Answered on Mar 06th, 2013 at 12:53 PM
3 Awards
In Nevada you would file a petition to request an accounting and not sign the waiver.
Answered on Mar 06th, 2013 at 12:52 PM
Thomas Edward Gates
You have a right to see the inventory of the estate and the expenses that the Executor has paid. If they refuse to provide this information, request it at the hearing.
Answered on Mar 06th, 2013 at 12:51 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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In Michigan you are entitled to see an Account of Fiduciary under MCL 700.3703.
Answered on Mar 06th, 2013 at 12:51 PM
All beneficiaries are entitled to see the estate accounting. You advise the Court of the executors refusal to provide this to you if you are timely.
Answered on Mar 06th, 2013 at 12:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a motion in the action to order the personal representative to disclose the accounting.
Answered on Mar 06th, 2013 at 12:50 PM
Tell the court you want an accounting.
Answered on Mar 06th, 2013 at 12:49 PM
A full accounting should have been provided to you and is part of the court file. You should not sign any papers until the matter has been fully and properly completed. You should consult a probate attorney to review what has been done and determine if it is sufficient.
Answered on Mar 06th, 2013 at 12:49 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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I would make a written request to the Executor first. If you do not get the information, you can Petition the Probate Court and ask that the Executor appear in Court with the accounting or explain why you cannot have the accounting. You may want to consult an attorney to be sure that you are in fact entitled to an accounting in this matter.
Answered on Mar 06th, 2013 at 12:49 PM
2 Awards
Go to the court and pull the file to see if it is in the file. If not, contact an attorney. Have them file a petition to compel accounting.
Answered on Mar 06th, 2013 at 12:48 PM