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September 08, 2010, 04:46:21 AM

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Site Author : Topic: Succession Annual Accountings  (Read 405 times)
April 07, 2010, 09:13:29 AM
User No : 1429
Posts: 17
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My father died in 1997 and I was appointed provisional administratrix in his succession. 

In the succession documents there is a document named “Petition for Possession and Discharge of Provisional Administratrix”.  Paragraph 7 of this document reads:

“Petitioners herein, being all of the legatees in this matter and all parties with any remaining interest in this succession, declare and acknowledge that they waive any and all accountings, of every kind whatsoever, which would otherwise be due or which may become due from this succession or the provisional administratrix of this succession, and they do hereby release the provisional administratrix from all liability and responsibility for any connected with or arising out of the conduct of the administration of this succession and agree to hold her harmless from any and all claims or actions which may be made in connection with or arise out of said administration.”

It is my understanding the succession representative is to file an annual accounting with the court and provide copies to the heirs and legatees.

Was this waived in my father’s succession or should I have been filing annual accountings since 1997?
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April 07, 2010, 12:07:17 PM
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User No : 3444
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Did you complete the succession - did you receive a signed Judgment of Possession?  You were only required to file an annual accounting, if the succession remained open for longer than a year.  In the Petition for Possession - if all of the heirs/legatees signed off on it agreeing to waive a final accounting- you do not have to do one.   If this doesn't answer your question - give us a little more information regarding the status of the succession.
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April 07, 2010, 12:25:52 PM
User No : 1429
Posts: 17
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The succession was opened in August 1997 and the Judgment of Possession was signed in February 1999.  So the Succession was open for more than a year.  The Petition for Possession and Discharge for Provisional Administratix (with the provision to waive any and all accountings) was signed by my attorney and by my brother’s attorney in February 1999.  So, would there be an annual accounting due or was it waived?
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April 07, 2010, 03:15:23 PM
Not too shy to talk
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User No : 3444
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Waived.
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