Legal Question in Wills and Trusts in New Jersey

I am a beneficiary. The executor / beneficiary is a CPA. He has asked me to sign a Waiver of Formal Accounting. He has only provided a copy of the checking account. He has not indicated what the checks represent or a list of the assets. I see payments he made to his accounting firm for almost $11,200. That seems like a lot of money for accounting work as this wasn't a complicated estate. Does the state require an extensive accounting? What is required to provide a beneficiary?


Asked on 6/10/10, 7:49 am

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

As a beneficiary, you have an absolute right to an estate accounting. I would ask the executor to produce one for you before you sign anything. If he does not comply, you can file a complaint in Court to compel him to file a formal accounting. If you need assistance, please call me.

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Answered on 6/10/10, 11:01 am
Robert Davies The Davies Law Firm, P.A.

You are asking the right questions, and you are entitled to answers. It will cost the CPA a great deal of time and effort, but you can force him to prepare and file a complete accounting of the Estate, whether he likes it or not.

Please call my office to make an appointment. This consultation will be free of charge, and I will let you know what I believe I can do to assist you further.

Robert F. Davies, Esq.,

Phone: 201-820-3459, Hackensack New Jersey.

Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/10/10, 11:59 am
Walter LeVine Walter D. LeVine, Esq.

I agree, although advising you that there are 2 types of accountings; formal and informal. Formal requires a listing of every deposit and check, whereas an informal may just list things by category, but provides a full explanation while not having as much detail. The formal accounting can be very costly compared to the informal. You are entitled to know the details of all bills paid and what the assets are or were. Plus, if anything was sold, like stock, to pay bills, you are entitled to the sales details as well. If this is refused, you can file the Complaint to compel him to account and/or provide full details on everything.

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Answered on 6/10/10, 12:12 pm


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