New York Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement

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Multi-State
Control #:
US-03366BG
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Word; 
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Description

Most states have a statute that requires something to the effect that upon the filing of an account for final settlement by the executor of the estate of a decedent, a citation is required to be filed containing a statement that such final account has been filed, the time and place when it will be considered by the court, and a statement requiring interested persons that are cited to appear and contest the same if they see proper.


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

Avoiding these common mistakes can save you a significant amount of money? Lacking a specific goal or objective in mind. ... Not educating yourself on the probate process. ... Delaying the initiation of the probate process for too long. ... Not promptly and appropriately securing and safeguarding the assets of an estate.

To ensure the executor remains honest over the course of administration, beneficiaries should make it a point to play an active role in administration. They should be familiar with the contents of the will, the nature of their inheritance, the duties of the executor and the steps of the administration process.

Compelling the executor or trustee to comply You do have options. Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust.

You need an attorney who has extensive experience dealing with cases involving trustees and executors who may have mishandled the estate or otherwise breached their fiduciary duty. When you meet with the attorney, you should have as much information as possible available so the attorney can properly evaluate your case.

Removal From Executor Role A beneficiary who suspects that the executor is not properly handling the distribution of assets or failing to perform their duties should submit a petition to the court to remove the executor.

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New York Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement