Legal Question in Wills and Trusts in New York

I am the executor of my mother's estate in new york city. The will was probated and I was assigned. The estate consists of 2 houses in nyc and 1 in GA. I already had the deed for the house in GA transferred to my sister as per the will, however, the 2 houses in nyc were left to all 6 siblings and the terms of the will does not allow me to sell them without everyone's approval. There are siblings living in one of the houses and they are collecting the rental income and refuses to give it to me. Then I recently discovered that there is a law suit against the estate. The estate is cash poor and the rental income for the house that I do collect on is not enough to pay the mortgage and hire a lawyer to represent the estate in court. I have lost control of this estate. There was one other sibling named to be the executor of the will, but he is not interested. can I go to the surrogate court in nyc and relinquish my rights as the executor?

Asked on 9/16/10, 7:00 am

Michael Markowitz Michael A. Markowitz, PC

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Q. can I go to the surrogate court in nyc and relinquish my rights as the executor?

A. Yes. You would have to file a petition to do this.

Mike.

Answered on 9/21/10, 12:10 pm

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