Legal Question in Wills and Trusts in New York
Estate Disbursement Accountability
My father passed away in June 2002. My brother-in-law was the executor of his will. I just received a check from him and nothing else. There was no accountability of the disbursement of the estate. He has not replied to repeated phone messages and emails from myself and one of my three sisters. I need to deposit this check but feel that the funds were not disbursed properly. Also there was an appraisal done on my father's house which was deducted from estate. Am I entitled to a copy of this?
1) Does he have to provide the accounting for the estate?
2) How do I endorse the check? (Depsoited under protest?)
3) Am I entitled to the Appraisal on the house?
4 Answers from Attorneys
Re: Estate Disbursement Accountability
You are entitled to an accounting of all of the assets and expenses. If the executor does not give you the accounting voluntarily, you can compel it in court.
Daniel Clement
Re: Estate Disbursement Accountability
You are entitled to an accounting and if necessary,an appraisel. Either you or your attorney can petition the court to compel it.
Should you need a referral to an attorney in NY please let me know. Good luck.
Re: Estate Disbursement Accountability
This is always a difficult situation. I am sorry your brother is not handling this in a more constructive manner.
You have a 100% right to an accounting and depositing the check will not impair any legal rights you have. You have a right to inspect all documents and transactions relating to the estate and you can obtain one will a simple court order. What you do from there depends on what is in the accounting. 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 Disbursement Accountability
The executor is required to account, formally or informally, to the Surrogate and to the estate beneficiairies. You do not say what your interest is in the estate. Are you entitled to a specific bequest of a fixed amount of money, or are you a residual heir entitled to a percentage of the estate? If the former, all you can receive is your check, and maybe no accounting. If the latter, your check, a complete accounting and a copy of the appraisal. Contact the attorney for the estate and request what you are entitled to get.
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