Legal Question in Wills and Trusts in New York
beneficiaries to estate of AP
the will probated, 1/20/09. decree granting probate issued 2/2/09. the letter of testamentary, 2/15/09
Since then, i have discovered that $300,000.00 in funds have been funneled into different accounts from the records I have. I understand that money appropiated during someone's last days, as was the case with a dying uncle years ago, although presumably legal,are now irretrievable, but 3/17/09 another $40, 000. has been withdrawn, account closed.
The executor has become distant and unapproachable and made threathening statements to me while my mom was indisposed last year, the estate lawyer, who my mom presumably trusted is now vague and dubious.
Can i retain a you now, though it is only 2 months and what would you do if the clerk of the court told me I must wait 7 months till file a Decree Upon Filing Instruments Approving Account - SCPA 2203 and Formal Voluntary Accounting - SCPA 2208 & 2210 or until the Judicial Settlement of Account Proceeding Checklist (JUD-ACTG-CHK 8/9/04)
Compulsory Accounting and Related Relief Proceeding Checklist (COMP-ACTG-CHK release 8/9/04) are completed. read will word for word, ambiguous clauses, my aunt said the pie, $4 m., keeps getting smaller, what's up? mymomanddad would say no if they w
1 Answer from Attorneys
Re: beneficiaries to estate of AP
There are several things you may do.
1. You can petition the Court to remove the executor. To do that you would need evidence demonstrating that funds are being misappropriated.
2. You can petition the Court for an interrim accounting to determine where the funds are being transferred.
3. You can demand an informal interrim accounting from the executor.
By the way, funneling money into different accounts during an individual's last days is not necessarily irretrievable. For example, if a lawyer funneled $300,000 into his account immediately before death, and is now the executor, all to the detriment of the family, you may have a claim to retrieve the money.
Finally, although $40,000 was withdrawn and the account closed, that does not mean that the executor committed an improper act. You would have to determine where the money was deposited and how it was used.
Mike.
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