Legal Question in Wills and Trusts in New York

Fraud is generally a six-year statute of limitations or two years from the discovery of the fraud. There may, however, be other causes of action that are available, depending upon the particular facts, and those other causes of action may have substantially shorter limitations periods.

Moreover, it would be appropriate to seek to remove the executor if there were acts of improvidence.

Rather than focusing only on the limitations period, you would do well to take steps to remove the executor, so as to prevent further fraud.

But the big issue here, it seems to me, is whether in fact what you conclude to be fraud or other wrongful conduct actually rises to that level as a legal matter. You should promptly confer with an attorney, bringing with you all of your proofs so that they may be properly reviewed.

If you wish, you may feel free to contact me, either at [email protected] or at (212) 791-6240. You may, of course, confer with any attorney of your choosing. In any event, you should not let more time pass.

Good luck to you.