Legal Question in Wills and Trusts in New York

executor duties
My brother is the executor of dad's will. We have been told conflicting advice. A lawyer told us that he had to file with the county clerk's office to be the ''executor'' and that we should have received a certified letter stating he has done so - unless we receive this, he has no legal rights to get at dad's belongings. The county's clerks office said he doesn't have to file if the will is not in probate. Everything was left to mom. He was her POA which he executed but mom has since revoked that because of his controlling and abusive behavior to the other siblings. Mom (and dad) lives with me in a house I own, not mom. Question, does he have the right to be granted access to my home any time he chooses to ''gain access'' to dad's belonging to disburse? If dad left everything to mom, isn't that her decision when and who to disburse these possesions to? Does he have to have an accounting of how may pairs of socks dad had as he has stated? How long is his rein of terror going to last - is there a time frame when we can say ''your done''? If he shows up with a sherriff as threatned, do we have to let him in? FYI - he hasn't spoken to mom in over 20 years so he's not acting on behalf of mom's best interest.

Asked on 2/18/09, 1:03 pm

Savyon Grant Law Office of Savy Grant

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Re: executor duties

It sounds like you need to file an emergency motion before the court to stop him in the best interest of your mom.

Answered on 2/18/09, 1:17 pm

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