Q: It is noted, Distributions cannot be made to the estate heirs/legatees until after the final account is audited approved
from the Executor. However, do the heirs receive notice before final distribution and have the opportunity to request a detailed summary of the accounting and able to object if need be? Also can the Executor (and heir) allow himself compensation against the estate if another heir took care of everything before the Executor was appointed Personal Rep by the court 1-1/2 years after my mother's death? Assuming he can, do I have any legal right to object?
A: Objections (or, "exceptions") to an account may be made within 20 days following the court's notice approving the account. Note, this is not 20 days after receiving a copy of the account that has yet to be approved. In many cases, the audit department raises issues and requires corrections or amendments to the account before the court will approve it, so you should wait for the approval before filing your exceptions. Any interested person may also object to a petition to allow a PR's fee or a lawyer's fee. You will receive notice of any such fee request and have time to object. A PR cannot claim a fee for what the PR did not do. The PR is required to support their fee request with sufficient detail, such as by showing dates, description of services, and time expended, multiplied by some reasonable hourly rate. Same for the lawyer. The PR cannot request compensation for work someone else did.
Cedulie Renee Laumann agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.