Legal Question in Wills and Trusts in New York
Administrator Negligent & Secretive - What To Do?
By legal definition and established rules, specifically what legal or moral responsibilities does the Administrator of an estate have to it's heirs in so far as his actions and management are concerned? - I am not referring to discovery procedures, rather after discovery when all assets/debts are in and accounted for, is not the heir-appointed Admin legally or morally required to report his findings/activities to the heirs in real time and keep them apprised of all aspects of post-discovery?
Even if the Admin has done nothing criminal, is he legally negligent by refusing to divulge how he has managed the estate? - Shouldn't heirs concerns with respect to income the estate earns, property liquidation, tax liabilities, debts, etc be at least acknowledged?
Are there not laws that mandate the Administrator cooperate with the heirs and provide answers to questions they may have? - What happens when an Administrator completely shuts out heirs? refuses to communicate, refuses to be forthcoming about his actions? What recourse is there if heirs SUSPECT foul play and that through negligence the Admin has failed to pay taxes timely, allowed property to deteriorate, preventable debts to mount?
2 Answers from Attorneys
Re: Administrator Negligent & Secretive - What To Do?
The administrator/executor is considered a fiduciary as set forth by the Estate Powers & Trust laws of NYS. A fiduciary is held to a higher standard and must avoid self-dealing or any conflicts of interest.
As a beneficiary, you are entitled to an accounting from the administrator/executor. If that accounting is not forthcoming, you may compel such accounting through Surrogate's Court.
However, if it is your continued belief that the administrator/executor is not performing his duties, he may be sued and/or removed.
Re: Administrator Negligent & Secretive - What To Do?
If an heir has a financial interest in the outcome of the administration of the estate then that person is entitled to information on a timely basis.
If it is not forthcoming the heir can apply to the Surrogate to order the fiduciary to account in writing for all the transactions which occurred during administration.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
