Legal Question in Wills and Trusts in New York

Re: Estate

WHILE I GENERALLY AGREE WITH MIKE, I HAVE NOT READ THE WILL, SO ANY RESPONSE WILL BE GENERAL. THE EXECUTRIX HAS SOME FIDUCIARY DUTY TO CARRY OUT THE TERMS OF THE WILL. THIS INCLUDES DISPOSITION OF PERSONAL PROPERTY. IF NO SPECIFIC BEQUEST WAS MADE OF PERSONAL PROPERTY, AND WHILE THEY MAY HAVE DISCRETION TO DEAL WITH PERSONAL PROPERTY AS THEY SEE FIT, COURTESY, IF NOT THE LAW, SHOULD ALLOW YOU TO GO THROUGH THE PROPERTY TO SEE IF THERE IS ANYTHING YOU WANT. ANYTHING OF VALUE SHOULD BE ACCOUNTED FOR AND SOLD IF SOMEONE DOES NOT WANT IT. THEY DO NOT USUALLY HAVE THE ABSOLUTE RIGHT TO MAKE THESE DECISIONS AND CAN BE HELD ACCOUNTABLE. VALUES MAY BE EQUALIZED IN THE FINAL ACCOUNTING. QUESTION FOR YOU, ASIDE FROM ARTICLES THAT MAY HAVE ONLY MEANING TO YOU, IS THE VALUE OF THE REMAINDER SUCH THAT FAMILY ARGUMENTS MIGHT BE RAISED?

Re: Estate

It depends on the provisions in the Will. Some Wills have a provision granting all of the Testator's personal belongings such as furniture, books, jewelry, books, etc. to his/her executors with the authority to ditribute to family members within their discretion.

Some Wills specifically grant jewelry, household furnishings to a named beneficiary.

I would need to read a copy of your mother's Will to determine if you should have had an interest in the disposed property. If you did, you may have a calim against the Executors.