Legal Question in Wills and Trusts in New York

Executor right to counsel

I am a co-executor to an estate. Both executors are heirs, and there are 8 total heirs. My co-exec has petitioned court for his resignation. In addition, some of the other heirs want another brother to succeed the executor who is quitting. Some of the family has been worked up to believe they cannot trust me to sell the house, when in fact I have had it listed for a year, I have been personally doing everything possible to sell , short of giving it away. At the hearing for the resignation the Judge said that these complaints need to be officially filed, and they need to show cause why there needs to be a successor. There is also an interim accounting required for the resignation.

Problem is the estate lawyer sees it as a conflict to represent me, given she also represents other executor. Therefore, can I hire an another lawyer using estate assets to defend me from the accusations that I have acted inappropriately in regard to selling the house? Selling house is all that is left to do, and I have been doing everything that can be done to complete the task, short of giving it away, (which could also be a liability problem for me). Please advise. Thank you.


Asked on 8/03/04, 1:21 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Executor right to counsel

Several comments. Does the Will name a successor if one of the original executors dies, resigns, etc.? If so, they would be eligible and need to qualify. If no successor is named, does the Will allow the surviving/remaining executor to serve alone or does it specify that there need to be 2 people serving at all times? In most instances, the Will should provide and, if it does not, the statutes would permit the executors to retain counsel, at the expense of the estate. This would allow you to hire your own attorney and have him/her paid by the estate. If in doubt, this could be run through the Court for approval. You do not say why it has taken so long to sell the house. Is it a problem of its condition, special problems such as environmental conditions, etc., or just not getting a good price? This could also be presented to the Court for determination, and the Court could set a price or conditions covering its sale, which would protect you from future claims of the heirs.

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Answered on 8/04/04, 11:32 am


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