Legal Question in Wills and Trusts in New York

death in the family

my aunt passed away about a month ago - she left her step daughter executor but she lives on the other side of the United States plus she has brain cancer and not able to understand when we try to write or call her. Therefore, my Aunts house just sits. We are trying to pay the bills and watch the house. We have a buyer for the house but have no idea what we can do about it. We are told only a POA can turn off the phone, cable, etc. Any ideas how we should handle this?


Asked on 1/13/07, 8:46 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: death in the family

Apply to the Surrogate to remove and replace the Executor.

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Answered on 1/13/07, 9:58 am
Walter LeVine Walter D. LeVine, Esq.

Re: death in the family

YOU DO NOT SAY IF THE WILL NAMES AN ALTERNATE EXECUTOR. IF SO, THE REPLACEMENT CAN BE APPOINTED. THIS MIGHT REQUIRE THAT THE NAMED EXECUTOR RENOUNCE HER RIGHT TO SERVE. THIS COULD BE COMPLICATED IF SHE IS TOO ILL TO KNOW WHAT SHE IS DOING. I SUGGEST THE NEXT-NAMED PERSON, OR IF NO ONE IS NAMED SUCCESSOR OR ALTERNATE, THE NEXT CLOSEST LIVING RELATIVE CALL THE SURROGATE, EXPLAIN THE SITUATION AND GET ADVICE ON HOW TO HANDLE THIS. YOU WILL USUALLY FIND THE SURROGATE'S OFFICE IS HELPFUL. CONTINUE TO PAY WHAT BILLS YOU CAN, AS YOU ARE ENTITLED TO BE REIMBURSED ONCE SOMEONE IS APPOINTED.

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Answered on 1/13/07, 12:46 pm


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