Legal Question in Wills and Trusts in New York

Re: Distributing Estate Assets

Seven months after the issuance of Letters

Testamentary by a Surrogate's Court, any

interested party may petition for an accounting

and judicial settlement. This should force

the issue.

There could be legitimate reasons for delays.

These could involve poor market conditions

for sale of assets, difficulties in valuations

estate tax audits, income tax audits, etc.

All could be used to prevent an immediate accounting

Most attorneys I know would defer payment

until after your receipt of your share of

the estate, although most would also inspect

the file of the Estate beforehand to verify

the existence of assets and the right to

share.

Further, there could be nothing to distribute

if all assets of the decedent were held

outside of probate, or if the debts of the

decedent exceeded the value of the assets.

There should be a filing also 60 days after

the appointment which is called an inventory

This may be looked to to start the above

review.

Re: Distributing Estate Assets

Yes, there is certainly something you can do.

The Surrogate can order her to make the distributions, and if she fails to do so, remove her from office (I assume that she is the Executrix).

Give me an idea of the value of your share of the estate and I will be glad to consider representing you in this matter. My fee is based on time and I charge $200 an hour.

Re: Distributing Estate Assets

Like my fellow attorney, Mr. Nadel, I will be glad to consider representing you in this matter. My fee is based on an hourly charge of $175 an hour. Feel free to call my office