Legal Question in Wills and Trusts in New York

Confused and Disheartend

Mom passed away Dec.2003 her will named elder sister exectrix and brother co executor.I am a named beneficiary with equal interest in the estate.Mom left behind a home and a few thousand dollars in a savings account.Her will just this pass week passed through probate appointing my sister executrix.I was Moms caretaker the last year of her life and received no financial assistance from either one. After she passed they have kept all information from me. During the past few months I would receive an email every so often from my sister. Prior to anyone being given any authorization by the court,an agreement with a real estate agent(brothers friend of friend)was signed by my brother who was given full control of finances and dealings re: house.The money mom left is all gone,and I'm told loans were taken out.My sister has written me on at least 6 occasions saying we have a buyer or the house is sold,only to receive a follow-up email saying they dropped out or she would change the story by saying we have another buyer or the house is sold.My question if neither had authority,the house remains unsold,every penney spent can they be held liable for mishandling the estate without authorization from the court.I have printed all emails.


Asked on 8/31/04, 1:03 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Confused and Disheartend

You have the right to demand an accounting and to see proof of all statements made. While the executors have broad authority to handle the different aspects of the estate, including the sale of the house, they also owe you the fiduciary responsiblity not to mishandle the estate and to account for their actions. If you have not already been given a copy of the Will, get it now. It should spell out what rights the executors have. If you have any suspicions that the estate is being mishandled, retain a local attorney to assert your rights.

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Answered on 8/31/04, 10:23 am


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