Siblings Can Demand a Financial Accounting and Visitation from a Fiduciary

HNWGuardianship Law, Power of Attorney, Understanding When a Trust Should Be Used in NJ

  • estate accountingSiblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person
  • In NJ a representative of a beneficiary can apply to the court for an accounting from a fiduciary. R. 4:87.
  • This representative is called a person-in-interest.
  • A person-in-interest includes beneficiaries, but also heirs-at-law.
  • The courts have allowed a wide array of interested parties to demand accountings from fiduciaries.

NJ has an expansive view of standing that a person with a financial interest in an estate or trust should have access to information regarding its contents and operation.

New Jersey statutes have expanded the right to an accounting so that even a friend of a principal (in the context of an agency relationship) may petition for an accounting.

N.J.S.A. 46:2B-8.13 provides that (b) that “… The Superior Court may, upon application of any heir or next friend of the principal, require the attorney-in-fact to render an accounting if satisfied that the principal is incapacitated and there is no doubt or concern whether the attorney-in-fact is acting within the powers delegated by the power-of-attorney, or is acting solely for the benefit of the principal.”  Ibid.

Often the representative seeks the fiduciary to give a formal accounting as to their tenure under the Power of Attorney as well as of any trust established which the suspected persons are named trustees.

In connection with a demand for an accounting, family members can compel visitation and communication with their loved one, i.e., mother.  A court has the inherent power to design a remedy, including relief that contact with their a parent or sibling be restored and that the fiduciary who is also a custodial agent respondents be prohibited from interference with a parent/child relationship(s).

If you are looking for additional details on this topic or if you require advice about your situation, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Trust Law Attorney

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