QUESTION
How to get an accounting of an estate of my son if I am not the administrator?
Asked on Jan 18th, 2014 on Estate Litigation - New Jersey
More details to this question:
My son died in an accident 1 year ago without a will and leaving 2 children. The mother is the administrator of the estate. I have filed a claim with the surrogates office 6 months ago for the funeral expenses which I have not received anything yet. I have been asked to settle for a lesser amount due to attorney fees from a wrongful death claim have been already taken from the estate plus other misc fees. I have asked for an accounting of his estate but she refuses. My understanding is that the funeral expenses are to be paid first from the estate and I believe his estate has been mishandled!
1 ANSWER
2 Awards
you can file a demand for an accounting. Call the surrogate's office and ask for assistance in filing this demand. In some counties, the necessary forms are online and you can do this yourself. there might have been some requirement in her appointment that she file an accounting, and you should ask the surrogate's court that too. The funds that are going to the children will have to have an inventory and accounting filed also - so its possible that an accounting will be required, and it just hasn't been done yet. I know a year seems like a long time to resolve something like this, but a wrongful death claim can take much longer.
Answered on Jan 20th, 2014 at 10:13 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship