Legal Question in Wills and Trusts in New York
Beneficiaries Shut Out Of Estate Inspection, Distribution Decisions
Aunt died childless, left Estate to nieces and nephews. My Father was named Executor. With an equal share beneficiary daughter, who insists that I and her other sister not be allowed to inspect the estate. Executor agreed. While fighting on that issue, he notified us that he is delegating all decisions on Aunts property distribution to his preferred daughter. Aunt was a ''packrat''. A good one. Saved just about everything not only she but our grandparents owned over 81 years. Items of substantial sentimental AND economic value. Antiques, furniture, silverware, jewelry, collectables, art.
Besides ''cherry-picking'' over the items, our sister has now notified us that she has ''selected'' the items to be distributed to us, without consultation. We each get a box of mementos - mine, craft show wood carvings Aunt bought, my sister a box of plates. Executor said no inventory of personal belongings was possible, he is busy with other stuff like the money and probate paperwork, and he has delegated all personal property decisions to his favored daughter, and her decisions are ''final and absolute''.
So, after that long-winded spiel...my question. Do we have any beneficiary rights to challenge our exclusion from fair consideration?
3 Answers from Attorneys
Re: Beneficiaries Shut Out Of Estate Inspection, Distribution Decisions
You have the right to compel an accounting of the estate by the executor through the appropriate surrogate's court. Contact the county clerk where the will was probated, or feel free to contact my office for a free consultation.
Re: Beneficiaries Shut Out Of Estate Inspection, Distribution Decisions
Yes. You can demand an accounting from the Executor. This is a proceeding in the Surrogate's Court. Go there and ask the clerk about it.
Re: Beneficiaries Shut Out Of Estate Inspection, Distribution Decisions
As executor, your father has an absolute fiduciary duty to report and account to all heirs for the assets of the estate. This includes personal property. Unless the Will permits delegation of duty (very rare) these are things he must do. His requirement to account for everything is enforceable in the Surrogate's Court. If you are not satisified or suspect something was done improperly, bring an action to compel the accounting. I suggest doing this as soon as possible before it becomes impossible to learn everything that was around.
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