Legal Question in Wills and Trusts in New York
application for juditial execution of will
Dear legal advisor,
My father died 1998, had estates in NY and in Germany. To date, the executor (my sister) has neither provided accounting nor distributed the property. I am also not informed about the status quo, i.e. status of probation etc., despite numerous letters to the executor or the surrogate court in NY, NY. I live in South Afica (not on your list, therefore I inserted Germany) and would like to know how I can get the court to respond to me. Ultimately, since nothing is happening, I would like to apply for a juditial execution of the property. Due to the exchange rate (Rand/Dollar), I cannot afford (to the full extent) a NY lawyer. Is there anything in between I can do do get my rights? I am an equal heir of three heirs. The property, once upon a time, was considerable.
Thank you,
--name removed--
2 Answers from Attorneys
Re: application for juditial execution of will
Lawyer is your best bet.
Failing that, ask the probate clerk for papers to demand an accounting by the executor. After several stabs, you'll get it right and then, if there is no resolution, a hearing will be scheduled. You or a proxy will have to attend.
Re: application for juditial execution of will
You have options.
While I understand that money is a difficult issue, a lawyer can be paid from the proceeds of the estate.
Engage an attorney to petition to have your sister removed (this is very likely to be successful - 7-8 years is just too long for her not to be held negligent)and then have the lawyer appointed executor to be paid from the proceeds of the estate, just as your sister is paid from the estate proceeds.
If the estate is small, then there will not be much work to executing the will.
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.
