Legal Question in Wills and Trusts in New York
Executor Failed to Distribute
My ex-husband died a few months ago. His sole heir is my daughter. His father died in 2001, with a will leaving all his assets, including a house, to his two sons and his daughter. The will named the oldest son, daughter's uncle, as executor. Uncle, about 70 , never made any distribution of the estate, and continues, as he always has, to live in Grandpa's house. The title on the house deed is still in Grandpa and Grandmas's name, even though both are deceased. Grandma died in the 1970's. Grandpa's daughter, who lives in Georgia, told my daughter that she's not interested in the status of her one third of the estate, but that my daughter, who lives in NY, should pursue distribution of her father's one third share of the estate. All the assets, including the house, are in Long Island, NY. We have no idea what assets Grandpa left other than the house and two vehicles. Uncle sold the vehicles and apparently kept the money. Even the utilities at the house are still being billed to Grandpa. What are my daughter's options to legally compel her uncle to distibute the assets in Grandpa's estate? The house is in a neighborhood where values will likely decline and my daughter wants to get this resolved asap. Options?
3 Answers from Attorneys
Re: Executor Failed to Distribute
I do not disagree with previous opinions posted by others, but will add to them. You first state that your ex died a few months ago, but do not state if he had a will or not. Yes, your daughter, if she is his heir, stands to collect his share of her grandfather's estate, but only through a probate of your ex-husband's estate, which formally appoints someone to act on behalf of your husband's estate to collect his inheritance. This must be done to collect anything from New York, in my opinion.
I cannot give a full opinion without a review of your ex-husband's will, or the facts of the case if no will. We offer free, no obligation consultations to give a full review of situations like this. You can schedule it at 480.835.1500. We handle probates in all Arizona counties. Also, if your daughter is a minor, we can do the conservatorship case as well. I would be happy to speak with you and answer your questions more fullly.
Re: Executor Failed to Distribute
You do not say how old your daughter is. Presumably she is an adult? If not, you can apply to Court to be her Guardian, as her natural parent. Either way, suit should be started against the Executor for an accounting of Grandpa's estate, plus possible claims for funds converted and use of the house. Get a good local estate expert attorney to assist you. I can possibly recommend some NY attorneys if you cannot find one.
Re: Executor Failed to Distribute
I assume your daughter is not a minor. As the heir of your ex-husband, she has an interest in her grandfather's estate and can go to the Court to compel her uncle to provide an accounting of what has taken place in the estate administration. She can also request that he be removed as executor, and that another qualified individual be substituted.
If your daughter is underage, you can act on her behalf by first qualifying as her legal guardian, for the purpose of bringing the matter to the probate court on her behalf.
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