Legal Question in Wills and Trusts in New York
Executor will not probate will
My uncle is executor of my grandmother's will and is not fulfilling
his duties in any manner shape or form as executor. He has not
even notified the lawyer of her death, which was four months ago.
His daughter has been named co executor and she refuses to
process the will in his stead. She has already distributed my
grandmother's belongings and we suspect mishandling of funds.
My three sisters and I are beneficiaries and have been kept in the
dark and have received nothing from her estate.
What legal recourse do we have? What is the next best step to
take. I greatly appreciate your help. Now I know why I should
have majored in law!!
Susan
3 Answers from Attorneys
Re: Executor will not probate will
Dear sir or madam:
There are several ways to approach your problem, ranging from having an attorney contact your uncle, to petitioning the Surrogate's court to have your uncle removed as executor.
I need more details before I can offer any advice. You can contact my office by email ([email protected]) or by phone.
Sincerely,
Anthony S. Park
Re: Executor will not probate will
suggest you immediately contact a local attorney familair with estates and probate law (your local bar association may have a referral service), with a view to starting suit to both compel the Will to be probated and for the discharge of the current executor and successor. You also have the right to an accounting of what has been done with assets of the estate and should include this in your suit.
Re: Executor will not probate will
Your information suggests that your mother lived in New York State but that you do not. Under New York law, as an heir you have the right to start the proceedings. You need a lawyer, especially if you are not a New York resident. Because you suspect the estate is being wasted, you should act quickly. Call us at (212) 387-7787.
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