Legal Question in Wills and Trusts in New York
Accounting of estate in probate
My younger brother is executor of my mom's and aunt's estate (my aunt died 1 month before my mom...my mom was executor of my aunt's estate)...my mom had no will though gave a verbal will to the attorney on her death bed.All assets including my aunts assets to be divided among five siblings.Two plus years later all bills except 15,000 are paid...estate is broke except a house that can't be sold.The executor and the attorneys have been asked certain questions but have failed to give any accountings(estate assets etc).My brother now is willing to sell house for amount of liens(15,000) when the house is worth much more.Accountings of everything is very scetchy.Can we change executor,do we have any say in asking for accountings of estate and can we have a say how this house is to be sold or if we can rent it(of course if we pay off bills in the estate)?
2 Answers from Attorneys
Re: Accounting of estate in probate
Unfortunately, even though your post is very detailed, I cannot answer your question because I do not know where your aunt was when she died.
If you will provide this information, it will be helpful.
Re: Accounting of estate in probate
You have the right to go to court and get a full accounting from your brother. If there are any questions and/or problems, the court can direct him what to do, or even remove him if he has acted improperly. I suggest you have the house appraised to determine its value - at least get potential sales prices from several local brokers to establish a value more than what he wants to sell it. You can have the court direct the sale, to assure full value is received.
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