Legal Question in Wills and Trusts in New York

My brother is executor of our mother's estate and the attorney he hired at the beginning of probate has filed a motion asking to be relieved of the case because he will not communicate or cooperate with her. She states in her motion that she cannot proceed in court because of his behavior. Can I ask that he be removed as executor?


Asked on 1/30/11, 9:57 am

1 Answer from Attorneys
Michael Haber Law Offices of Michael S. Haber

Yes, under the circumstances that you posted, you may bring a proceeding to remove your brother as executor. If the executor has not properly attended to his duties, such a motion may be made.

You may feel free to get in touch with me about this if you would like. I would be happy to help.

Good luck to you.

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Answered on 2/03/11, 6:08 pm


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