Legal Question in Wills and Trusts in New York

Executor Replacement

I wrote on this topic on 8-3-04, ''executor right to councel.'' Interim accounting is done, waiting for waivers. Five of eight sibs petitioned Surrogate Court to have another sibling succeed the one going out. Based on majority the Judge expressed intentions to grant petition once waivers for interim accounting are submitted and petition for successor is submitted. I do not agree because accounting is to the penny. I've acted exemplary and there have been complications already experienced with the first executor. And successor has already expressed that he�s too busy to help, yet still wants the job?? Some have unwarranted trust issues. They're upset over the Will split and situation is primed for problems. The will does not specify what to do if one resigns. It does not specify that two must serve. I thought in this case that remaining executor completes duties? Do I have any recourse and is it worth objecting? I do not believe this petition is in the best interest of the esate. It will only add cost. To date, I�ve completed almost all the duties, with little to no help. Selling the house is final job. It�s been with a realtor, but it�s old and in disrepair and no solid offers over appraisal yet. Please advise. Thank you.


Asked on 10/05/04, 3:11 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Executor Replacement

While the judge should follow the terms of the Will, as to the issue of successor executors, if any, he does have the discretion, in equity, to interpret it and/or to follow the requests in the petition. If there are no objections to your accounting and the only asset remaining to be liquidated is the house (although difficult to sell), the balance of the Will should be simple enough to carry out, without the need for an additional executor and the additional fees that would be incurred. One problem I see is that until the house is sold, it will have continuing charges (taxes, insurance, utilities, etc.) that will probably have to be paid from the other estate assets, which limits your ability to otherwise deal with the estate assets and possible interim distributions or establishment of trusts. The delay in the sale and its effect on your ability to otherwise deal with the remaining assets is probably driving your siblings complaints. The judge may have to deal with this psychologically, not legally.

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Answered on 10/06/04, 11:28 am


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