Legal Question in Wills and Trusts in New York

Re: Executor mishandled distribution

Assuming your uncle qualified as Executor in the Surrogate's Court, you need to go to the Clerk's office and inform the Clerk that you want an "accounting." As a practical matter however, what proof do you have that these items were in the estate?

Re: Executor mishandled distribution

I would bring n action to compel the Executor to account for the estate and its assets. If anything improper were done, he can be surcharged for the value of the lost assets.

Re: Executor mishandled distribution

You (or your attorney) will need to request a judicial accounting from the Surrogate's Court. In order to prevail, you will need to show that these particular items existed, were still owned and possessed by your Grandmother on the date of her death, and their value. If your Grandmother had them insured, or if you can obtain receipts for their purchase, you can prove they existed, and what they were worth. It will be harder to prove that your Grandmother still had them, and that they weren't lost or stolen prior to her death.