Legal Question in Wills and Trusts in New York

Estate Question

Hello,

My father passed away five years to this day. My brothers and I were fighting a will allegedly written one week before his passing (we wanted to probate a 1997 will). Among our reasons for fighting, was that it gave our two uncles and aunt the right to be executors. The case has been long and complicated. About 3 months ago we got a letter that the judge is going with the will we fought. It has been 5 years and we have yet to see one dime. We are completely kept in the dark as beneficiaries. The will stipulates that we do not receive anything until we turn 35. My eldest brother turns 35 in January of next year. My question to you is do we have the right to do/know anything that is going on until that time? We do not know anything concerning the will and there are properties and assets that we have had no update on in 5 years. We are afraid that they are ''covering their tracks'' so to speak and will leave nothing in the trust for us. We had two lawyers working on the case but we could not afford to keep them as counsel. Quite frankly we feel the legal system has let us down and kept us powerless due to lack of money and resources. Any advice/info is much appreciated!

Thank you,

Cynthia


Asked on 2/10/09, 1:53 pm

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: Estate Question

Although you were unsuccessful in contesting you father's most recent Will, you are nevertheless entiled to certain information. If the executor fails to provide the information you request, you may force an executor to file a judical accounting after seven months have elapsed from the date of his or her appointment. What this means is that the executor will have to formally account for all assets, taxes and expenses of the estate.

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Answered on 2/10/09, 2:19 pm


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