Uncle is Executor of Fathers Estate my sister and I?
asked for and itemized recap of all that he's done, now in reviewing this spreadsheet we have questions we want answered before signing thePetition for Discharge of Personal Representative does my sister and I have a right to see actual bank statements, deposits and who he has paid from my Father's Estate Account?
- loanmasteroneLv 72 years agoFavorite Answer
You might request anything you would want. There is no assurance what you requested would be provided you. There might not be a legal reason where you would be supplied the information or documents you request.
If your father's estate was administered through a living trust or some other type of trust, the trust would outline the responsibilities of the executor.
If your father's estate was required to be probated based on the state probate laws of your state, a probate judge would decide if all the debts and other liabilities were properly and legally handled.
Normally if there is a probate, a probate attorney would be selected by the executor and would represent your father's estate to insure that all legal matters are handled properly.
From your statement is appears as if your father appointed your uncle as the executor of his will or trust.Normally. if the court has appointed the trust it would appear as if you or your sister would have been appointed by the probate judge.
Why are you having trust issues with your uncle who was appointed by your father to handle his affairs once he is deceased.
No mater what you are not legally able to change or alter anything done by the executor of the trust or will. You have no authority.. The same might be said of the documents and information you would want, you might not have the authority to have this information or documents.
If you think there are discrepancies in the executor handling of your father's estate, you would be required to sue the executor.\, handling your father's estate.
Of course, your father's estate would be charged with the financial defense of the executor. Alsl the probate would not close until all legal matters are complete.
I hope this has been of some benefit to you, good luck.
- troLv 72 years ago
if you don't believe his recap and spread sheets, of course
- Skoda JohnLv 72 years ago
As an Executor absolutely. Itemized accounts are essential.
- curtisports2Lv 72 years ago
No, you do not. If your father had intended for you to see every detail, one or the other of you would have been named executor. If you have evidence of what the named executor has done is improper, contact the probate court in your state.
Acting as executor is a difficult job. My father instructed me to take a 10% fee for my work. My state limited what an executor could be paid to 5% of the value on which probate tax had to be paid. I had four pieces of property and the contents of each to liquidate. With what I received for my fee, I worked for well under minimum wage. And your fee is taxable income.
Thankfully, I have siblings who trusted me to do the right thing and I had to answer very few questions. I kept them informed of the progress I was making along the way and no one ever complained or asked for their money, even though it took more than two and a half years to wrap things up and the disbursements could be made.
Not all executors are so lucky, and for some of them, it's a truly thankless job. Again, if you have evidence of wrongdoing, bring it to the probate court.
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- dog maLv 72 years ago
If you feel there was something done incorrectly, contact the probate court.
- MaxiLv 72 years ago
The 'job' of an executor is a legal one and they are responsible legally to the probate court, they are not responsible to heirs who want detailed check lists of all and anything done...so if you are not happy with this person doing this job then you will need to report them to the probate court and the probate will appoint an administrator to finish the job...once the job is complete the heirs will get what they have been left after all the debts are paid.
As the executor has done more than they legally needed to in complying with your wishes, then you need to ask the questions you want answering however if your father wanted you to execute the estate he would have written you both down as executor/rix
- A HunchLv 72 years ago
That's so nice of your uncle to provide a spreadsheet.
I would have handed you the bank statements and said here it all is... (go through it yourself).
If I was worried about the executor not acting in appropriately, I'd worry about the assets not the liabilities.