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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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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