Legal Question in Wills and Trusts in New York

Re: Estate administrator

You are not alone. This kind of problem is a regular feature of estate law. Everyone has lots of emotional issues to work out and this often interferes with the efficient administration of the estate. The law part of a question is rarely complicated. the people part is almost always difficult.

The legal issues addressed by your question are not difficult. You must petition the surrogates court to set aside the agreement (undue influence is the reason I would cite based on your brief question). This is done as a motion on notice and is not complicated.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Re: Estate administrator

As a beneficiary you can certainly petition the court to determine if the estate is being managed properly. Your first step is to retain competent counsel. Good luck.

Re: Estate administrator

You would have to bring a suit for accounting and also allege mismanagement of the estate. As part of the suit you would request being added as co-administrator of the estate. If your sister has actually mismanaged the estate or used it for her own personal purposes, also ask her to be surcharged for the personal expenses. If your claims are accurate, she can be removed from office and you substituted. Finally, there should have been a bond posted with the Surrogate against which a claim can be asserted.

Re: Estate administrator

Hire an estate attorney in the county where your mother resided to bring a motion to compel an accounting. Good Luck.

Re: Estate administrator

You should retain counsel to, inter alia, compell an accounting.

Best of luck.

Daniel Clement