Legal Question in Wills and Trusts in New York
What can I as a beneficiary do to force a conclusion when the Administrator does nothing?
Additional Information:
The administrator and I are siblings.
The funds we are to receive come from deceased parent's estate.
There was no will.
About two years ago, administrator tells me funds are ready to be disbursed I just need to sign paperwork and will have funds in two to three months.
Immediately following that, the administrator suggests I let him "hold" my half of the money until I get back( I was overseas at the time.)
I did not agree to this and never received anything to sign.
I contacted attorney 4 months ago, attorney informed me they haven't been able to contact administrator and have not heard from him in about a year and a half.
Attorney also told me they have been looking for me. (administrator did not give them my contact info, because of this I could not get the necessary paperwork.)
Myself and the Administrator were in contact the whole time and he lead me to believe that the hold up is due to the attorney. When in fact the hold up is him and I have confirmed this with the attorney.
I spoke with Administrator about two weeks ago to confront him with the information I got from the lawyer and about wrapping things up.
The administrator insists that this very competent and professional attorney from a highly reputable NYC firm is lying to me about everything. I do not believe him for one second.
At this point because of what has been going on I believe the administrator is and has been making himself hard to find in an effort to stall in order to buy time while he tries to figure out a way he can manipulate me into handing money over to him.
I have nothing more to gain by speaking with the administrator and would like to find out a way to force him to do whatever he needs to do in order to get the funds distributed. If two years ago it would only be a matter of a few months to distribute funds after a few signatures from us I see no good reason why this thing isn't finished by now, this has been dragged on for at least 9 years already and needs to be done with.
I do not live in NYC anymore, what would be the best course of action to force an end to this?
1 Answer from Attorneys
You need to file a demand for an Accounting. This is done in the Surrogate's Court in the county where the decedent resided at death. Your best course of action would be to retain your own attorney to do this.
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.
