New York Objection to Allowed Claim in Accounting

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Multi-State
Control #:
US-02653BG
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Word; 
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Description

Any interested party in an estate of a decedent generally has the right to make objections to the accounting of the executor, the compensation paid or
proposed to be paid, or the proposed distribution of assets. Such objections must be filed within within a certain period of time from the date of service of the Petition for approval of the accounting.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.

The cause of action of an account stated is based on principles of contract law. There must be an express or implied agreement between the creditor and debtor that the debtor owes the amount set forth in the account.

The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.

?Account stated? is a cause of action for payment where one party sent an invoice to the other and the recipient of the invoice failed to object within a reasonable period. By failing to timely object, the recipient of an invoice may be liable for the entire amount of the invoice.

In New York, creditors have a maximum of seven months to file claims against an estate.

The elements of an equitable accounting under New York law are straightforward: (1) a fiduciary relationship; (2) entrustment of money or property; (3) no other remedy; and (4) a demand and refusal of an accounting.

An account stated cause of action is based on an account stated in writing at a specified time and place between the creditor and the debtor of a specified and agreed on amount due. See, e.g., Tringali v. Vest (1951) 106 Cal. App.

?To demonstrate entitlement to equitable accounting, a plaintiff must establish (i) the existence of a confidential or fiduciary relationship between the plaintiff and the defendant and (ii) the defendant's breach of the duty imposed by that relationship with respect to money or property in which the plaintiff has an ...

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New York Objection to Allowed Claim in Accounting