How Can I See the Bank Statements of My Deceased Mother?
Full Question:
Answer:
A release and waiver of accounting is commonly used by an attorney when distributing assets of an estate. In some cases of mistrust, a party petitions the court for an accounting to be filed. Fiduciaries, such as executors, owe two main duties to their clients: a duty of loyalty and a duty of care. The duty of loyalty requires that fiduciaries act solely in the interest of their clients, rather than in their own interest. Thus fiduciaries must not derive any direct or indirect profit from their position, and must avoid potential conflicts of interest. The duty of care requires that fiduciaries perform their functions with a high level of competence and thoroughness, in accordance with industry standards.
Please see the following CA statute:
10950. (a) On its own motion or on petition of an interested
person, the court may order an account at any time.
(b) The court shall order an account on petition of an interested
person made more than one year after the last account was filed or,
if no previous account has been filed, made more than one year after
issuance of letters to the personal representative.
(c) The court order shall specify the time within which the
personal representative must file an account.
See also:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=10001-11000&file=10950-10954