Legal Question in Wills and Trusts in New York

estate delay

My brother is trying to shakedown my sister and me (i am the executor)for money in regards to my mothers estate, all her accounts were made 5 years before she died, do I have to pay him off in order for him to sign for release of the estate funds? Keep up the great work


Asked on 7/19/04, 12:50 pm

4 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: estate delay

Dear sir or madam:

What do you mean by "shake down?" You don't necessarily need a receipt and release, altough it is preferable.

Contact my office at [email protected].

Anthony S. Park

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Answered on 7/19/04, 1:31 pm
Walter LeVine Walter D. LeVine, Esq.

Re: estate delay

If he has received what he is entitled to, he should sign off that he has received it. What is he claiming he is still due. You have not described his claim.

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Answered on 7/19/04, 1:42 pm
Peter J. Kelley Peter J. Kelley & Associates

Re: estate delay

Because of the feelings and memories that always arise when a parent dies, settling these estates can be delicate and difficult. The leverage your brother has over the estate depends on many factors. Is he named in the will? Is there enough value in the estate to pay all the bills and still distribute shares to everyone that is entitled? A short answer to your question is "probably not, it depends!" To give you good advice, we need to meet you and learn more of the facts and circumstances. Please get in touch.

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Answered on 7/19/04, 4:07 pm
Arnold Nager Arnold H. Nager, Esquire

Re: estate delay

Pay him his proper share after all expenses, including your commissions, are deducted. Your cancelled check will serve as proof of payment.

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Answered on 7/19/04, 4:55 pm


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