Legal Question in Wills and Trusts in New York
Bad Administrator - What can be done?
Parent dies intestate NY, 3 children heirs, appoint 1 sibling Admin who wants $ only, realizes workload, can't perform, lets other sibs run w/Discovery for year w/full control. Admin needed occasionally to sign documents nothing more. Even this too much for Admin, won't cooperate, tardy, indifferent, lethargic. Other sibs say straighten up or remove self. Admin freaks, pulls power play, has atty threaten sue sibs for interference, invokes Admin rights, says now taking Admin fee despite being heir, shuts off sibs, not forthcoming, hides all, controlling $money, allowed tangibles to deteriorate, hasn't paid taxes, estate atty mostly incompetent from start, estate accountant hasn't filed returns despite 3years since decedent died. Other 2 sibs hire own tax atty, finds all parties uncooperative, abusive, uncaring. Now, 1 estate property delinquent on city taxes, foreclosure soon, Admin never paid, won't divulge if intends to pay, won't divulge anything, instructs estate atty and acct to not cooperate with sibs atty. 2 sibs went from un-officially controlling all for benefit of 3, now no clue whats happening, Admin manipulative,devious, personal agenda always at work. Your Advice Please!?
2 Answers from Attorneys
Re: Bad Administrator - What can be done?
The administrator of an estate has a fiduciary duty to meet. If he does not meet that standard, he can be sued and/or removed.
Re: Bad Administrator - What can be done?
The administrator has a fiduciary duty. If he is acting irresponsibly, youcan have him removed and/or surcharged.
Let me know if I can be of help.
Daniel Clement
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.
