Contested Accounting

Contested Accountings and Demanding an Accounting

As a part of the all estate matters, probate, administration and trust proceedings, the fiduciary or representative must put together an accounting or inventory of the assets and liabilities of the estate. The fiduciary must also report on all income, expenses and investments of the estate.

If you believe that the accounting is inaccurate—that there are items that are missing or for which values are improperly stated, or that the income or expenses of the estate have been misrepresented—you can take legal action to contest the accounting. We can help.

You are entitled to discovery, which includes access to documents, depositions, hearings and other evidence. As part of the process, we will make certain that you can review documents, as well as any testimony given at hearings or depositions.

Another common occurrence on Long Island involves the failure of a fiduciary to provide the accounting in a timely manner. The accounting should be provided after the estate distribution or within nine (9) months of the time of the appointment of the fiduciary—the time the will is admitted to probate and the executor is appointed, the administrator is appointed, or trustee is appointed.  If the accounting is not provided within nine months of the time of appointment or once all the assets are collected and distributed, there are steps we can take to force the accounting and removal of the fiduciary, if necessary, when same is appropriate.

At the Law Office of Bonnie Lawston, P.C., we have over two decades of experience handling all types of estate litigation, including contested accountings. We will listen carefully to learn the details of your case, and use our skill, knowledge, experience and resources to help you protect your rights.

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