Legal Question in Wills and Trusts in New York

Re: Executor responsibilty

You may have the right to force the executor to file an estate accounting with the court. The accounting would provide you with information so that you would gain a clear picture of the status of the estate. If things do not appear to be correct you may file objections to the account. However, a proceeding to compel an accounting can be complicated. I suggest that you retain an attorney to assist you with this.

Re: Executor responsibilty

The executor does not have any obligation to keep you up to date on a regular basis (though most executors will do so, out of courtesy and to avoid future conflicts). When the Executor has completed administering the estate, he will send you his version of the account (what money came in, what money went out). At that time, you can raise some objections, and if you cannot agree with the Executor, you can compel have the Court review the accounting.

If you're afraid that the executor is mishandling funds and do not want to wait, you can ask the court to force the executor to do an account immediately.

Feel free to email or call my office for a brief consultation on this matter.

Re: Executor responsibilty

It is unusual that a simple estate could take a year or more to settle, but I do not know what is involved, and if the estate were the subject of estate/inheritance taxes, which could prolong settlement. If the Executor refuses to account, you can go to Court to compel an accounting. If something has been done improperly, you can also ask for the removal of the Executor and possibly force the xecutor to reimburse the estate for any wrongdoing, if this has taken place. I suggest you retain an attorney to assist you, if you have questions.