Legal Question in Wills and Trusts in New York
Executor of a will
It's been 6 months after the death of my mother and the executor of the will (a distant relative) has not gotten the paperwork from the Surrogate Court that's needed for her Citibank account to be transferred into my and my brother's name. (She had no other property or accounts. We're the only beneficiaries, No one is contesting this very simple will). How can we get rid of the current executor? Queens, NY location. Also prefer an attorney on LI or Queens.
1 Answer from Attorneys
Re: Executor of a will
Depending on the amount of money in the estate this should be a small estate proceeding. Relatively inexpensive, certainly simple.
To rid the current executory you must petition the Surrogate's Court alleging that the executor violated his or her fiduciary duty. This is expensive and not that simple.
I would suggest either retaining an attorney, or you physicially gathering and preparing the forms for the executor's signature.
By the way, Queens is notoriously slow.
Mike.
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