What to do if my sister will not sign a waiver of accounting for my mom’s estate because she was advised by her CPA not to?

UPDATED: Dec 30, 2013

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What to do if my sister will not sign a waiver of accounting for my mom’s estate because she was advised by her CPA not to?

Why would this recommendation be made?

Asked on December 30, 2013 under Estate Planning, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to close an estate a petition for final distribution should be filed before the court showing that the estate can be closed and requesting distribution to be made to the beneficiaries. Usually when a petition for final distribution is filed, the court requires detailed accounting of all the monies and other items received and all monies paid out during administration. However, the accounting may be waived when all persons entitled to receive property from the estate have executed a written waiver of accounting. Waiver simplifies the closing of the estate. When all the beneficiaries are friendly obtaining waiver is not a problem.

Since she will not sign the waiver, then you need to file the final accounting for the court for approval. The recommendation is made because the attorney for your sister is trying to protect himself or herself as to any malpractice claims for not suggesting a formal accounting.

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