Is the executor of a will required to provide a copy of estate settlement expenses to any beneficiary, if so requested ? If not, what is to prevent the executor from deducting unrelated expenses from the estate prior to settlement ? Thank you.
1 Answer from Attorneys
The estate settlement expenses and any other disbursements are listed on a final accounting filed with the court. You will need signed receipts from the beneficiaries. if they do not sign a receipt and release then they just get the accounting which has to be presented to the court or clerk for confirmation. If the final accounting is approved, then any remaining property is released to the beneficiaries.
I do not understand how an executor legally could be deducting unrelated expenses. If they are unrelated to the estate then they cannot be included in the final accounting. In such case, I would strongly encourage the executor to consult with a probate attorney so he/she can be advised of proper procedure and get help, if needed, in preparing the final accounting for confirmation by the court.
If you are the beneficiary and have received a final accounting, the time to file any objections to it is short. If you receive such a document and it includes expenditures that are not related to the estate then you need to file objections with the court. I also strongly recommend that you seek out your own probate attorney who practices in the county/state where the estate is pending and get advice on that.