Klenk Law

Reasons to Request a Formal Accounting From a Lehigh County Executor

Posted on Sun Jan 13, 2019, on Formal Accounting

From Our “Ask a Question” Mailbag: “Reasons to Request a Formal Accounting From a Lehigh County Executor.”

What What Are Reasons to Request a Formal Accounting From an Executor

Formal Accounting Lawyer, Glen Ridenour.

What Are Examples of When to Request a Formal Accounting From a Lehigh County Executor:

Reasons to Request a Formal Accounting: Suspected Mismanagement of Estate Assets.

  • Mrs. Allentown died leaving a Will which named her son, Slatington, executor.  Slatington filed the will and promptly stopped all communication with his siblings.  The family has reason to believe that Slatington has used estate funds to pay off his creditors, buy himself a truck, and to pay for a family vacation.  While they wished to be patient, the estate has been open for over a year without any meaningful information released to the family. 
    • Mrs. Allentown’s other children, all equal beneficiaries, should have our Formal Accounting Lawyers draft and file a Petition for a Formal Accounting. Slatington is a fiduciary. By accepting the executorship, he is obligated to comply with the judge’s order. The judge will order Montgomery to turn over all relevant information.  If Slatington refuses to comply, the judge may remove him as executor and appoint one of the other children.  As information comes available, if it’s proven Slatington took estate funds, the judge can either order their return or surcharge Slatington.

Reasons to Request a Formal Accounting: Suspected Theft.

    Mr. Catasaqua died a Lehigh County resident without a Will. He was not married but had two sons, Schnecksville and Fullerton.  Fullerton lives in California, so agreed to allow Schnecksville to serve as the Administrator.  Schnecksville was sworn in, gathered the estate assets and took control of the house.  Schnecksville informed Fullerton that the house needed work. He promised the house would sell the following year. Further, he told Fullerton that Mr. Catasaqua had many creditors and there would be little left to divide between them. Taking him at his word, Fullerton let his brother continue. After a year, Fullerton found out through family members that Schnecksville had been renting out the house.  Further, Fullerton grew suspicious of the debts Schnecksville said existed and asked for proof. When confronted with questions, Schnecksville ceased communications with Fullerton.

    • Fullerton would be right to retain one of our Formal Accounting Lawyers to draft and file a Petition for Formal Accounting, Schedule of Distribution, and a Petition for Removal.  If the facts prove Schnecksville was renting out the property, then half the rental income should pass to Fullerton. Further, if Schnecksville cannot prove where the estate funds went to, the judge can surcharge him for the misplaced funds. If the judge finds it reasonable, he will also remove Schnecksville as Administrator and appoint some other person, perhaps Fullerton.

Who Has An Interest Strong Enough to Have Our Formal Accounting Lawyers Petition for a Formal Accounting?

Any interested party may successfully request a Formal Account. You are an interested party if the estate benefits you and if the executor has not yet distributed to you the amount you are due.

  • Emmaus’ Cousin died with a Will that gave Emmaus his truck and $30,000.00. The executor, Uncle Hokendauqua, properly filed the Will and secured the estate assets. After nine months, the executor gave Emmaus the truck and the $30,000.00.  Since then, though, Uncle Hokendauqua has cut off all communications with the family, and no other family member has received their inheritance.  Most of the relatives are elderly aunts and don’t feel up to fighting with Hokendauqua. Emmaus would like to Petition the court to force a Formal Accounting and receive a Schedule of Distribution for his aunts. 
    • Emmaus is no longer an interested person and has no standing to file the petition Because he received his inheritance in full, he no longer has an interest in the estate.  His aunts might be able to grant him a Power of Attorney to bring the petition on their behalf, but he cannot act on his own for their benefit.

Follow this link to learn more about Reasons to Request a Formal Accounting From a Lehigh County Executor.

In Conclusion: Reasons to Request a Formal Accounting From a Lehigh County Executor.

I hope this article about Reasons to Request a Formal Accounting From a Lehigh County Executor was useful. We are always happy to brainstorm with you about your own, unique situation. 

Let our Formal Accounting Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our Formal Accounting Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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Estate Litigation Attorney, Estate Litigation Lawyer, Formal Accounting, Glen Ridenour

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