What if an executor did not issue a closing statement to an heir and did not make a distribution?
Question Details:I am an heir to the estate of my late father. My brother is the executor of the estate and has closed out the estate without passing on any of the proceeds of my father's estate (including $44,000 in my father's checking account and a townhouse). My brother would never call me nor keep me informed as to the progress of the estate. I have since found out he filed a closing statement with the court and closed the case. Should I file a claim against the state? I called the Probate Court and they would not tell me.
You need to get a copy of the closing statement that was filed, first of all; that may be under the formal name of an accounting, or final accounting. You can get that from the court clerk, for a fee.
The accounting has to show all of the assets of the estate, all of the debts, and what was done with each, down to the penny for most things. You need to review the details of the accounting, once you have it, and decide whether you think it's honest or not. If not, you need to hire a lawyer.
Of course, you also need to get a copy of your father's will. If he wrote you out of it, that would raise a whole different set of questions. Otherwise, you need the will to establish your interest in the estate.
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