Legal Question in Wills and Trusts in New York

Re: excuter not communicating

Please understand that you are not my client, and the following information is provided for information only. It is not intended to be legal advice and it should not be construed as such.

A nominated executor must act "reasonably" with respect to the needs of the estate. If an executor fails to do so he/she could be liable to the beneficiaries for any damages that result (e.g. a home goes into foreclosure, etc.).

You may contact the Surrogates' Court in the county where your mother resided to determine if your brother has filed the Will; and/or whether he has filed a petition for probate.

You may initiate probate proceedings on your own if you can locate the original Will.

In the event that your brother fails to begin the probate proceeding in a reasonable period of time, and he has the original Will is in his possession, you may be initiate a proceeding to order him to produce the Will.

The bottom line: if you need to initiate legal proceedings, you should consider retaining an attorney who practices in this area.

If you would like my assistance, please feel free to contact me.