Legal Question in Wills and Trusts in New York
Executor of my Father's will
My Stepmother convinced my Father that one of her former foster children would be impartial & should be executor of their estate. Their are many items that came down through my Mother's Mother's side of the family that should go to myself & my sisters (my Dad just doesn't get it). My StepMother hid much of this stuff for years from us. We feel the choice of executor is not impartial and both sides of the family should be represented as executors.
My Dad refuses to see how sneaky & coniving this woman has been for years. Every time we try to talk to him she convinces him we are trying to break up there marriage. She won $1000 a wk for life lottery and thinks she uses it to controlpeople.
She has plans to give away all my Dads tools Thous. of dollars: some antiques) to the executor upon my Dad's death instead of putting them in the estate to be sold.
Is there anything we can do legally to have both sides of the family represented at the time of my Father's death?
Thank you.
1 Answer from Attorneys
Re: Executor of my Father's will
The executor is chosen by your father's will. Once a will is accepted to probate, it is very difficult to remove the executor.
HOWEVER, you can use the Surrogate's Court to keep the executor honest. You can petition for an accounting. If you discover that the executor is acting improperly (retaining funds that belong to the estate), you may petition the Court to have the executor return the funds.
Mike.
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