Nassau New York Petition for a Compulsory Accounting and Related Relief

State:
New York
County:
Nassau
Control #:
NY-SFM-4
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PDF
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Description

This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.

Nassau New York Petition for a Compulsory Accounting and Related Relief is a legal document that enables individuals to request a court-ordered examination and documentation of financial records. This petition is typically filed by concerned parties who suspect financial mismanagement, breach of fiduciary duty, or want to ensure transparency in various legal matters such as probate cases, trust administration, or partnership disputes. The purpose of the Nassau New York Petition for Compulsory Accounting is to ensure that all relevant financial information is disclosed and accurately represented. It allows interested parties, such as beneficiaries, partners, or shareholders, to gain access to pertinent records, including income statements, balance sheets, ledgers, bank statements, transaction records, and other financial documentation. Filing a Nassau New York Petition for a Compulsory Accounting may be necessary in different circumstances, including: 1. Probate Case: In cases where an estate executor or administrator is suspected of mismanaging the deceased's assets, beneficiaries can file this petition to demand an accounting of the estate's financial activities. This ensures the executor is fulfilling their fiduciary duty and properly administering the estate. 2. Trust Administration: Beneficiaries or interested parties in a trust may file this petition if they suspect financial improprieties, lack of transparency, or if they believe the trustee is failing to meet their obligations. It allows them to request a thorough examination of the trust's financial records. 3. Partnership Disputes: When disputes arise between partners concerning financial matters or potential mismanagement, a Petition for Compulsory Accounting can be filed to assess the financial health of the partnership and uncover any irregularities. 4. Business Dissolution: During the dissolution of a business entity, a petition for compulsory accounting may be filed to ensure accurate division of assets, identify any financial improprieties, and protect the interests of the involved parties. By filing a Nassau New York Petition for a Compulsory Accounting, individuals and interested parties can seek relief, demand transparency, and enforce their rights to ensure proper management of financial affairs. It provides an avenue for concerned parties to access comprehensive financial records and hold those entrusted with financial responsibilities accountable.

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FAQ

The probate court in New York is called the Surrogate's Court. There is a separate Surrogate's Court in each county. The judge who oversees probate matters in the Surrogate's Court is called a Surrogate. Because they deal with thousands of cases, they do not supervise each one individually.

Formal accountings can take up a lot of your time. When we say ?formal accounting? we are referring to a Trust accounting that is prepared according to the format rules of the Probate Code (section 1060) and filed with the court to court approval.

In New York State, the Surrogate's Court decides what happens to a person's property when that person dies. The Judge in Surrogate's Court is called the Surrogate. The person who died is called the Decedent. That person's property is called the estate.

The remedy in New York is filing a ?Petition to Compel an Accounting?. This is a Surrogate's Court proceeding which causes a Citation to be issued to the Fiduciary, directing them to appear in Court and file a formal accounting (or otherwise explain why they haven't yet).

The Surrogate's Court is established in every county to hear cases involving the affairs of decedents, including the probate of wills, and the administration of estates and trust proceedings. Family, Supreme, and Surrogate's Courts have concurrent jurisdiction over guardianships of the person and property of infants.

In New York State, the Surrogate's Court maintains jurisdiction over all actions and proceedings relating to the affairs of decedents.

Trust accounting is a detailed record that includes information about all income and expenses of a trust. Information that should be included in a trust accounting includes details regarding: Taxes paid, disbursements made to trust beneficiaries, and gains and losses on trust assets.

In New York State, probate proceedings take place in the part of the court called the ?Surrogate's Court? in the county where you were living when you died. Your assets, property and possessions are called your estate.

A compulsory accounting is when an interested party, such as the beneficiary or creditor described in this article, asks the Court to order the Executor or Administrator to account so that they can get access to information concerning the assets remaining in the Estate and the timeline for payment of their claims or

Interesting Questions

More info

New York State Bar Association. The court deals with all types of matters related to decedents and their estates.It also handles certain types of guardianship proceedings and adoptions. Administration is the process during which the executor will wind up your estate and eventually distribute your assets to the beneficiaries you designate. In the first instance, it is important to know when probate is NOT necessary. Probate is not required for all estates. Family Court is part of the New York. State Unified Court System. P ease dry the Register for Training Link to sign up. Coj'ts. Copies. Surrogate's Court, Nassau County, New York.

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Nassau New York Petition for a Compulsory Accounting and Related Relief