Contested Accounting Proceedings
An interested party can force an Executor, Agent or Trustee to file a Formal Accounting. Once submitted to the court, each party receives a copy of the Formal Accounting. If the Accounting contains misleading or confusing information, the interested parties may examine the fiduciary under oath and file objections to the Accounting.
The most common grounds for Objections to an Accounting are:
- • Wrongful removal of assets from the estate or not pursuing wrongfully removed assets
- Failure to consider tax issues
- Surcharge Actions
- Implementing bad investment strategies
- Paying fraudulent or improper claims
- Incurring excessive fees and expenses
- Failure to keep required records or report to beneficiaries
- Failure to collect all assets
If Objections are filed, discovery of documents (bank records, depositions etc.) ensues. Our attorneys at MMKO are qualified and skilled at representing clients in contested accounting proceedings and have extensive knowledge in the estate and accounting aspects of these proceedings.
