this case is "simple" as its mostly financial, there are 2 beneficiaries 1 of which is the executer.
who has not been completely forthcoming. i have requested a financial accounting and received only some documents and all communications have stopped because of it. I have since requested an appeal. I would just like to see the paperwork that shows the numbers on the account reported are correct. I beleive there is personal property not accounted for as well as tax return and possibly a safe deposit box
Your question seems to raise more questions than answers. A beneficiary can ask for just about anything, it sounds as if you have asked and gotten an answer you believe is incomplete or worse.
Then you mention that you "have since requested and appeal" An appeal of what? You do not mention any court decisions.
What I or any experienced attorney would most likely do is communicate to the probate court having jurisdiction that there are concerns. The Court will inevitably have an hearing and something will happen.
There are in fact numerous specific duties of an executor, and you do not mention any of them in your post. To provide any kind of advice will require a fair amount of additional information.
I would be happy to consult with you as much of my thirty years experience is in the probate of estates.
In any event I would caution you to be careful about posting any detailed information, as this is a public forum and the information you disclose about this matter is not confidential and is subject to discovery if litigation ensues.
With respect to safe deposit boxes, there will likely be a record of annual fees being paid, either by the decedent in life, or the estate if it kept it open after death, but there won't be a record of the contents. Once appointed, an executor can access it with privacy just as the decedent could.
In most estates, the only financial records submitted to the court will be the initial inventory - which lists all of the decedent's assets - and a final accounting, which shows all of the financial activity since the inventory, the bills paid and proposed, and what is left for distribution. Sometimes, if the estate is open over a year and/or a party like you requests it, intermediate accountings may be required by the court. Beyond that, if you request that the executor hand over the documentation, they have no obligation to do so, or if they do, to provide every slip of paper as you desire.
At this point, my hope is that you can update this with an explanation of what you mean by "appeal." Did you ask the probate court for a status conference? Did you request that the court order the executor to turn over all records? Or was there a formal accounting accepted by the probate court that you have actually appealed to Superior Court. The latter is the only option which is truly an appeal, but as you clearly haven't hired an attorney, I doubt that's what you mean.
In any event, I encourage you to sit down with a local probate attorney to discuss the situation. Depending on your specific concerns and needs, which we cannot adequately address on here, there may be a simple solution you aren't aware of, or you may need to take special action to preserve your rights. It is very difficult to know how to proceed and fully protect your interests without a background in this type of litigation.
I encourage my clients to complete a full list of assets and accounts to be kept with their will so that there is little doubt as to the location and value of assets upon death. Of course this must be periodically updated, but it isn't a difficult process.
It's possible even for a well-meaning executor to miss out on some assets during the marshaling process. Obviously, it's your right to resort to the probate court for oversight of the executor's doings.
