Legal Question in Wills and Trusts in New York
How do I challenge the actions of the executrix of my father's estate?
Asked on 2/19/10, 6:12 am
3 Answers from Attorneys
Rudolf Karvay
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
You may file a petition with the Surrogate's Court demanding that the executrix file a judicial accounting. Once it is filed you may file objections and have the court address your grievances. However, you cannot file the petition unless at least 7 months have elapsed from the date the executrix was appointed by the court.
Answered on 2/24/10, 6:36 am
Michael Markowitz
Michael A. Markowitz, PC
This is a very broad question. It would depend on the issues that you wish to challenge.
Mike.
Answered on 2/24/10, 7:00 am
Walter LeVine
Walter D. LeVine, Esq.
Both responses are correct, as it depends upon the grievance, which, if appropriate, allows you to bring an action before the Surrogate's Court. More facts about the nature of the grievance are needed to provide a complete answer.
Answered on 2/24/10, 1:25 pm