What are an executor’s rights if they have been accused of mishandling an estate?
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What are an executor’s rights if they have been accused of mishandling an estate?
My mother passed away and when I, the executor, presented her lack of assets, my 3 siblings questioned where the money went. My brother-in-law made up a paper for them to sign, which my 2 sisters did. It stated that they were not satisfied with my accounting of the estate. Also, now that I have that signed paper, how much time do I have to find all receipts and expenses to present to them?
Asked on June 19, 2011 under Estate Planning, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay, listen: you need to get legal help with all of this. You as the fiduciary of the estate can be held personally liable for any mis-accounting or even for an error that was just an innocent mistake if your siblings choose to make your life miserable. You should never have signed a thing. Yes, you need to gather all of the bills and receipts and to list them as specifics in the accounting. And if your siblings get really testy it may be a good idea for you to have one other them act as the co-executor of the estate - officially please - so that no one can point at you directly. Good luck.
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