Legal Question in Wills and Trusts in New York

Re: executrix not acting in beneficiaries best interest

The executrix is responsible to the Court and is acting in a fiduciary capacity, so you do have some recourse if you believe she is not acting properly. Did she have to post a bond - if so, you also have recourse to the insurer if she does anything wrong. If you'd like, you can FAX me a copy of the Will (973-377-8167)and I will try to interpret it for you. If it is as confusing as you say, you can petition the Court for instruction and interpretation. Most attorneys who do that work bill hourly, although some will take a percentage, depending upon the complexity of the case. In most instances, if you have a problem and the Court finds you were correct, the fees will be paid out of the estate. If the executrix really did something wrong, she can be surcharged by the Court (from her share or even her peronal assets). If there is a bond required, the surety could pay the bill.

Walter

Re: executrix not acting in beneficiaries best interest

If you do not believe that the executrix is correctly interpreting the will, you may hire your own attorney and ask the court to interpret it.

Please let me know if I can be of further help.

Daniel Clement

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Law Offices of Daniel E. Clement

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New York, New York 10118

Tel: (212) 279-6194 Fax: (212) 695-6007

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