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
Arnold Nager Arnold H. Nager, Esquire

Re: application for juditial execution of will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am uncertain as to what you mean by "judicial execution" of the will. Clearly, as an heir, you are entitled to an accounting. In addition, if indeed, six years have passed and nothing distributed, it may be possible to have an administrator replace your sister.

Unfortunately, since you are not in the US, you won't be able to qualify.

I would be willing to look into the matter for you at a reduced fee of $100 per hour for time actually spent on the matter. Let me know if this is acceptable.

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Answered on 3/06/06, 3:22 pm


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