Legal Question in Wills and Trusts in New York
Distributing Estate Assets
My mother died over 2 years ago, leaving an estate to be divided between my sister and myself. The will has been out of probate for about a year, and my sister has not distributed anything, she is just plain old not paying me. I had a meeting with her and my mother's attorney to force the issue, but she has not distributed one dime and continues to live in the house, which is half mine, rent free. Is there anything I can do? I can't afford an attorney unless he is willing to take his fee out of the estate.
3 Answers from Attorneys
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
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