What Is An Objection To Estate Accountings?
Estate accountings are an essential part of the probate process. Accountings are necessary for beneficiaries to understand how the estate was managed and for the court to ensure that all responsibilities were fulfilled properly.
However, there may be times when objections to estate accounting need to be raised. It is important to understand what an objection is and how it should be handled in order to protect your rights as a beneficiary or executor of an estate.
Pompano Beach estate litigation lawyer Mark R. Manceri, P.A., can explain everything you need to know about making an objection to estate accountings whether you are a beneficiary, creditor, or another interested party or protecting yourself from objections if you are the executor.
What Is an Estate Accounting?
Estate accounting is a critical component of the probate process, which helps to ensure that all financial transactions and distributions associated with an estate are properly managed. Estate accountings provide a detailed record of the estate’s finances and serve as vital records in legal proceedings. They help beneficiaries understand how the estate was managed and help the court confirm that all duties were done properly.
In general, estate accountings include details such as the names of all persons involved in the transactions, descriptions of property and other assets that were part of the estate, any tax information related to those assets, receipts or invoices for any purchases or sales associated with the estate, information on reimbursements made to any third-party costs incurred during probate, and details regarding payments received or made by creditors or other parties.
Estate accountings also provide valuable insight for beneficiaries who may have questions about how their inheritance was handled by executors or trustees appointed by a deceased loved one. By examining an estate’s accounting statement, beneficiaries can get a better understanding of where their inheritance came from and how it was distributed. Additionally, if there are any discrepancies between what was documented in an accounting report versus actual transactions conducted within an estate, these can be identified through this process as well.
What Is an Objection to Estate Accountings?
An objection is a claim made by a beneficiary or executor that questions the accuracy or legality of an accounting filed with the court. In Florida, objections must be filed within 30 days of the date of receipt of the final accounting (Florida Probate Rule 5.400). The court will review the objection and make a determination as to whether changes should be made in order for the accounting to meet legal requirements.
Types of Objections to Estate Accountings
When filing an objection, it is critical to provide evidence supporting your claim. Common types of objections include:
- Improper payments. If you believe that the executor has made improper payments from the estate, you can file an objection based on these misuses of funds. This could include payments for items not authorized by the will or trust, payments made without prior approval from all beneficiaries, etc.
- Unreported assets. If you believe that assets have been omitted from the estate accounting, you should file an objection with evidence supporting your claim so that they can be added in before final distribution occurs.
- Unreasonable fees. Executors and attorneys often charge fees for their services related to managing and distributing assets out of an estate. However, these fees must fall within reasonable limits set forth by law or determined by court order. If you believe that excessive fees have been charged, you may raise objections based on this issue as well.
- Improper distributions. Finally, if any distributions have been made improperly (such as distributions going to non-beneficiaries), this should also be objected to in writing, with supporting documentation provided if available. These objections will help ensure proper distribution according to state law and/or terms set forth in a will or trust document.
Consider contacting a skilled estate litigation attorney to assist you with your objections to estate accountings.
Discuss an Objection to Estate Accountings with Mark R. Manceri, P.A.
It’s essential for individuals considering objecting to estate accountings to understand what constitutes such objections and how they should go about asserting them before doing so in order to avoid potential delays in administrative proceedings. Our estate litigation attorney Mark R. Manceri, P.A., can help you understand everything you need to know about filing an objection to estate accountings in Florida. Call 954-491-7099 for a case review.