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Does my sister have to show me the breakdown if she had deducted money from my inheritance
Oct 24, 2024
Probate Administration
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Yes, if your sister is serving as the personal representative (executor) of the estate, she is required to provide you with a breakdown if she has deducted money from your inheritance. Under Colorado probate law, a personal representative has a fiduciary duty to act transparently and in the best interest of all heirs and beneficiaries. This includes providing an accounting of all financial transactions related to the estate, including any deductions made from your inheritance.

If you request it, she must supply an inventory of the estate's assets and a financial accounting that explains all expenses, debts, and distributions, including any deductions made. If she fails to do so, you have the right to petition the court for an accounting or to raise concerns about potential breaches of her fiduciary duties.

We wrote an article on this specific issue: "What To Do if the Personal Representative is Not Doing Their Job"

Here are a few relevant statutes that apply in your situation:

C.R.S. § 15-12-703 - General Duties; Relation and Liability to Persons Interested in the Estate

This statute outlines the fiduciary duty of a personal representative to act in the best interest of the heirs and beneficiaries.

C.R.S. § 15-12-706 - Duty of Personal Representative; Inventory and Appraisement

This section requires the personal representative to prepare and provide an inventory of the decedent’s estate, showing the fair market value of the assets. While this inventory isn't always required to be filed with the court, it must be made available to heirs (you) upon request.

C.R.S. § 15-12-721 - Duty to Account

The personal representative must provide an accounting to interested parties, particularly if they request it. This accounting must detail the receipts, disbursements, and distributions, including any deductions that affect inheritance.

C.R.S. § 15-12-723 - Final Distribution to Distributees

The personal representative must account for and settle all claims, debts, and expenses before distributing any remaining assets to the beneficiaries. If there is any dispute or question regarding deductions from a beneficiary’s share, it must be clarified in the final distribution and accounting.

Please contact us if you would like to speak to one of our probate attorneys to discuss your options.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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