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∙ 10y agoGood records are an important to all executors. A full accounting should be available if the court should request it.
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∙ 10y agoReduce or eliminate estate taxes, Avoid probate, Make things easier for your beneficiaries, Pass your assets to the ones you love, Keep your estate private, Maintain complete control Provide for minor children or grandchildren Reduce the hassles for your spouse, Establish guardianship for minor children, Protect yourself in case you are incapacitated
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Apply to the probate court. If the primary has already accepted the duties, they will have to provide a full accounting to the court of what they did. The court will issue new papers for the new executor. If they haven't assumed the duty, they simply decline to serve.
Yes, that person can be audited or made to account for what was done under the POA. The practical problem is that the executrix of the estate is the one normally exclusively entitled to demand an accounting from the former POA holder and it is not likely that she will provide an accounting unless ordered to do so. A beneficiary of the estate would have standing under those circumstances to file an action in court to get a court order directing the executrix to account for what she did under the POA. Most states have no automatic requirement for an accounting by a POA holder the way they might have automatic requirements for an executrix to account. This is why the beneficiary might have to go to court.
If the will was properly filed for probate then you should be able to bypass the lawyer and executer and obtain a copy from the court. The information at the link below may help you to begin making inquiries.
The executor is required to provide a full accounting. The court can request one on a regular basis.
They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.
Consult a probate attorney in your area. You can ask the court to appoint a new executor. They will have to provide a complete accounting to the court.
Only the executor can do that. They will have a letter of authorization from the probate court. They will provide a complete accounting to the court for the estate and what was spent.
You ask the executor or administrator for an accounting. If they do not provide one, you ask the probate court to call the executor or administrator before it to produce the required accounting (and to post a fiduciary bond, while you're at it).
Once an estate is filed for probate it becomes a public record. You can go to the court where the estate was filed and ask to see the file at any time during the probate process or after it has been completed.
The executor has to inventory and value all assets. They have to provide a full accounting to the probate court.
Defining timely is going to be the issue in this case. An executor has a duty to be thorough and complete in what they do. They must provide a full accounting to the probate court.
There are very few charities that exist that will provide donations for probate money. Most money needed for probate issues will have to be privately raised.