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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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