Legal Question in Wills and Trusts in New York

Re: No contact from personal representative

You have an absolute right to compel an accounting. Wite to the lawyer, demand to be advised of the status of the case.

Re: No contact from personal representative

He and his lawyer are responsible to keep you advised. I suggest you go the court house to review the file.

Re: No contact from personal representative

You have my sympathies on the passing of your uncle. Certainly, the attorney and your cousin have a legal duty to keep you informed. However, probate is often a slow process. If he passed on less than 90 days ago, the delay is of no concern. It is normal. After 90 days, you should choose to check with the probate or surrogates court to determine if anything has gone forward.

Your question is a frequent one. With more information, I can give a better answer. For example, you stated that he died without any will and that your 'cousin' was handling matters with his attorney. Is this cousin your uncle's son?, or is he/she the child of another aunt/uncle? Since your uncle died intestate, this makes a difference in your rights. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment - 646-591-5786.

Re: No contact from personal representative

In order to wind up the Estate and distribute any assets,your cousin will have to either obtain a Receipt and Release from you, or file a judicial accouting. Usually the estate attorney will prepare an informal accounting and send it to you with the Receipt and Release form. If you don't agree with the informal accounting, you can ask him to clarify it, and he should do that. If you are still unhappy, you can refuse to sign the release, at which time he will probably file an accounting with the court for judicial approval. If he doesn't, you can file a motion to compel him to account.

Re: No contact from personal representative

The personal representative has an obligation to account to you. With an estate over $1MM, there was a requirement for a federal tax return, but it should have been resolved by now. At the least, you should have been given an interim status report and some details. You can request this from the representative. If he refuses to respond, you can contact the Surrogate's Court and file a complaint for an accounting.