Legal Question in Wills and Trusts in New York
The Executor (now removed by the court) gave away $40,000 cash from the residuary estate, that was to pay all expenses of the estate, to non-beneficiaries before the debts of the estate were vacated. The executor then perjured herself on the affidavit to the court stating (1) that the $40,000 never went into the estate account and (2) that the account from which the money came was a TOD (transfer on Death account) and belonged to her.
The director of compliance of HSBC Bank sent evidence that (1) the money was deposited in the residuary estate on orders of the past executor and (2) that HSBC Bank prohibited the past executor from diverting money directly to herself in the days prior to the death of the testator as it "was not" TOD.
The was bankrupt when I was appointed executor in June of 2010, is about to be lost for nonpayment of taxes
The judge in this case overlooks the misappropriated money, overlooks the many affidavits of perjury presented, and seems not to want rule on this as if a bother to the court and seems not to care that the property is about to be lost due to the stolen funds.
What to do!!!!!!!!!!!!!!!!!!
2 Answers from Attorneys
You need an attorney specializing in Surrogate's matters, preferably someone from the same county.
I agree with Arnold and you better act quickly to prevent the loss of the property. If necessary, ask the Judge to block the foreclosure until the entire matter is resolvced. If necessary, ask that a different judge be appointed to decide the case.
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