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


Asked on 3/06/06, 5:43 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: application for juditial execution of will

The estate may be held up due to property in Germany, but you should have gotten interim accountings. If the attorney refuses to provide anything, you should retain a New York attorney and bring a suit for an accounting with the Surrogate's Court. It is also possible that the Executor can be removed for acting improperly.

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Answered on 3/06/06, 11:28 am


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