Legal Question in Wills and Trusts in New York

Re: Executor Passed Away

1995 is a long time. You have been patient and it is now time to take action.

This is a simple problem with more than one solution.

1. You can apply to have your sister removed as executor and have yourself appointed in her place. This will not be difficult.

2. You can also ask the court for an order to require her to sell the house. That is, engage a real estate agent, fix up the house, etc. This, too, is not difficult. We call it 'injunctive relief'.

3. It is a question who will take your brother's interest. If he has no wife or children, or even a will, then his 25% will be divided between you and your sister. That would make your portion of the house 37 and 1/2%.

4. You can charge for your efforts to fix up and sell the house. More importantly perhaps, you can charge your legal fees to your sister because 1995 is just too long.

You are welcome to a a consultation for no fee.

Re: Executor Passed Away

If the will nomiates successor executors, seek those persons. If not, petition to be named successor executor, yourself.

You may contact my office at [email protected] or at 212-401-2990 to schedule a consultation.

Good luck,

Anthony S. Park

Re: Executor Passed Away

I agree with Tony, that you need to take some type of action. It appears the appointed Executor has failed to undertake required activities. You can apply to the Court where the Will was probated for an accounting of the estate so far, plus seek to have the current Executor removed and any named successor appointed to replace her. If no succssor has been named, as a child of the decedent you can also apply to be appointed as the replacement. Once appointed, you will have the authority to undertake what should have been done. If you need more information, contact me directly.