Legal Question in Wills and Trusts in New York

Dishonest Executor

In my Uncle's Last Will and Testament (which has been

probated), I am named as a beneficiary along with

three others. The other beneficiaries are my cousin�s;

note ably the child and grandchildren of the Executrix.

The Last Will and Testament of my Uncle clearly

outlines that his estate is divided equally among the

four beneficiaries. Although I have received some

money, I feel I have not received my share of the estate.

Unfortunately, the executor will not provide me with an

accounting of the estate. What should I do? Is it

possible to get a copy of the Accounting of the Estate

and/or the Federal Tax filing for the Estate? Being very

familiar with the Executrix�s greedy nature, I highly doubt

the filing would be accurate!

Would it be prudent, and feasible, to acquire the

Federal Tax information filed by my Uncle for the year

before his death?

Thanks in advance for your forthcoming advice.


Asked on 7/25/02, 12:23 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Dishonest Executor

You always have the right to request that the Surrogate order the executor to file an account.

Neither the executor nor the lawyers can be paid fees until the Surrogate orders payment or the final accounting is filed in court and, after interested parties have contested perceived errors, approved.

Read more
Answered on 7/25/02, 8:40 am


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