Legal Question in Wills and Trusts in New York

Co Executor issues

My mother was made the co-executor of her best friends will. The other co-executor is a lawyer the deceased hand picked because she thought it would make things easier on my mom. It is now coming on 4 years and the estate is not settled even though there is nothing being contested. It is worth a few hundred thousand and he gave her a portion of it a year ago but will not settle the rest. He will not return phone calls, or release any bank statements and in fact they have been extremely unresponsive, careless and disrespectful from day one. He has silently been filing extensions for years without reasons or without informing the other co-executor (my mom). We contacted the county surrogate court who sent him a letter saying he had to respond to the court or settle. We think he's found a way around that too. I'm starting to think there is fraud involved or why wouldn't he just want to get this over with and get his payment? My real question is after 4 years of being disrespected with no end in site, what other avenues/rights do we have to get this settled since he is legally my mother's ''partner'' in this process and is not willing to finish this process?


Asked on 4/15/09, 8:08 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Co Executor issues

You should petition the Surrogate's Court to remove the attorney as the co-executor.

Mike.

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Answered on 4/16/09, 8:00 am


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