Klenk Law

Reasons to Request a Personal Representative’s Burlington County Formal Accounting

Posted on Wed Feb 20, 2019, on Formal Accounting

From Our “Ask a Question” Mailbag: “Reasons to Request a Formal Accounting From a Burlington County, Personal Representative.”

What What Are Reasons to Request a Burlington County Formal Accounting

Formal Accounting Lawyer, Glen Ridenour.

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

Reasons to Request a Burlington County Formal Accounting: Suspected Estate Asset Mismanagement.

  • Mrs. Moorestown named her daughter, Florence, as Personal Representative (Executor).  The Will divides the estate equally between her three children.  At Mrs. Moorestown’s death, Florence filed the Will with the Burlington County Surrogate. She received the correct paperwork and was named Executor.   Florence’s two siblings, Pemberton and Delran, received word about the Will’s successful filing, but then all communication ceased.  Pemberton drove past the family home and found out Florence had moved in, but she refused to answer the door.  Delran received word that Florence had just paid off all her student loans.  Trying to keep family peace, the brothers wrote Florence letters, which went unanswered. 
    • Pemberton and Delran have the right to have our Formal Accounting Lawyers Petition the Burlington County Court for a Formal Accounting. Florence, by accepting the executorship, is obligated to comply with the Burlington County judge’s order. If she refuses, the judge can remove and replace her as executor. Should she fails to turn over the requested information, the judge can give our firm subpoena powers to obtain financial records directly from the bank.  If we discover that Florence wrongfully took funds, the judge can surcharge her for the damages Delran and Pemberton have suffered.

Reasons to Request a Burlington County Formal Accounting: Suspected Theft.

    Mr. Mount Holly died a Burlington County resident intestate (without a Will). Unmarried at his death, his daughter Cinnaminson and son Lumberton survived him.  Cinnaminson lives in Florida, so she agreed to renounce in Lumberton’s favor. Lumberton then filed the necessary petition with the Surrogate and was sworn in as the estate’s Administrator.   Lumberton decided that the family home would sell more if improved. Cinnaminson was concerned over the delay, but Lumberton promised prompt completion followed by the house put on the market.  A short time later, Lumberton informed Cinnaminson that Mr. Mount Holly’s creditors were more numerous than he first thought. Further, new hospital bills had arrived that insurance wouldn’t cover.  He predicted that the estate would have little remaining.  Believing her brother, Cinnaminson made no objections.  Almost two years passed, and Cinnaminson found out through neighbors that the family house was rented.  Upset by this news, she requested information about the estate’s assets and the rental income. Lumberton failed to respond.

    • Cinnaminson would be well advised to have one of our Formal Accounting Lawyers draft and file a Formal Accounting Petition. Further, we could demand a Schedule of Distribution outlining Lumberton’s plan to distribute estate assets. If he doesn’t respond adequately, then we may also file a Petition for Removal.  Should we find that Lumberton rented the property, then logically half the profits should pass to Cinnaminson.  If there were no creditors, then the judge can also order the house sold and one-half the value of the net estate given to Cinnaminson.  Once the facts are known, and we prove Lumberton has spent some of her funds, the judge can surcharge him for the difference.

Who Can Pursue a Burlington County Formal Accounting?

Interested parties may successfully request a Formal Account. Not all parties need to participate.  Only one is needed.  You are an interested party if you have not yet received your entire inheritance.

  • Palmyra’ Cousin died with a Will giving Palmyra $90,000. The executor, Uncle Bordentown, filed the Will with the Burlington County Surrogate’s office.  After receiving the correct paperwork, Uncle Bordentown proceded to gather the estate’s assets and pay creditors. After nine months, the executor gave Palmyra the $90,000.00.  Palmyra cashed the check.  Months later, Palmyra learned that Uncle Bordentown ceased all family communications.  No other heir received their inheritance. The remaining heirs are elderly, live far away, and have little money.  They don’t have the funds nor the energy to fight Uncle Bordentown. Palmyra feels that his family has wronged. He to force Uncle Bordentown to file a Formal Accounting.  Further, he wants his relatives to receive a Schedule of Distribution laying out when they shall receive their inheritance. 
    • Palmyra is not an interested person.  Because he has received his entire inheritance, he has no standing to file the petition.  His relatives might be able to give him a Power of Attorney granting him the power to present on their behalf.

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

In Conclusion: Reasons to Request a Burlington County Formal Accounting.

I hope you found useful this article providing examples filing for a Burlington County Formal Accounting. 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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