Should You Seek An Accounting Of The Estate’s Assets?
One very basic requirement of serving in a probate case is the fact that the executor or administrator must provide an accounting of the estate’s assets and their handling of those assets. The administrator is required to preserve and maintain the assets, make them productive, and only incur expenses that are reasonable and necessary.
The accounting requirements differ in an independent administration versus a dependent administration. In an independent administration, a beneficiary of the estate must make a formal demand for the accounting. In a dependent administration, the administrator is required to produce an accounting to the court each year, whether requested or not.
A basic principle in probate litigation is that an executor or administrator’s accounting can either make or break the case. If an executor produces an accounting that shows that he fulfilled all of his duties correctly, then he is going to have a great defense to any litigation. By contrast, if the accounting shows that the executor mishandled the estate, then he is likely going to have very little defense to litigation brought against him.
Solid counsel during the probate process is key for executors and administrators to avoid litigation. However, it is no guarantee that litigation will not arise. The attorneys at Ford + Bergner LLP represent numerous clients each year in both seeking and producing accountings of an estate. We have significant experience in both preparing and reviewing accountings to determine if problems exist and what defense might exist to those problems.
If you are a beneficiary of an estate who finds yourself needing to request an accounting, or you are an executor or administrator who needs to produce an accounting, we are experienced in these issues and ready to assist you.
Our Attorneys Handle Probate Litigation Effectively
The issues involved in every facet of probate litigation can often be very complex, and they generally require the expertise of someone who focuses in these areas exclusively. While many attorneys will attempt to tackle these cases, the wary client is wise to consult the advice of attorneys who handles these cases frequently.
The attorneys at Ford + Bergner LLP have worked on hundreds of probate litigation cases in counties all across Texas, and we would be glad to assist you should you have a need in this area. With offices in Houston, Dallas and Austin, our probate litigation attorneys handle cases throughout the state. Call 713-352-0937 or send an email to contact us.