Legal Question in Wills and Trusts in New York

Executor rights

3 co-executors where one unilaterally fires the CPA firm, hires a new firm without consulting or otherwise informing the 2 other co-executors. This happened when only 1 issue remained- the value of the apartment left to the 1 co-exec who fired the CPA firm. The estate was probated in NYC. Question- was this legal? the other 2 executors feel that since they have been frozen from the process, they are no longer liable for additional taxes. The estate funds were already distributed. We discovered this happened in October 2001 and wrote a letter to protest in March 2002. The 1 co-exec paid the IRS and is now billing us for 2/3.


Asked on 9/05/02, 9:52 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Executor rights

It was improper for the executor to act unilaterally. However, if there is a tax liability involved, the remaining executors cannot unilaterally decline to pay it, even if the other executor acted improperly, unless the taxes were greater than should have been assessed. My concern is what the Will provided as to the payment of taxes and how any taxes were to be allocated. This may help determine your rights and liabilities.

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Answered on 9/06/02, 11:13 am
David Slater David P. Slater, Esq.

Re: Executor rights

You can certainly object unless you did something or signed something to to waive your rights. You will need proof to contest the value that was placed.

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Answered on 9/05/02, 10:05 pm


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