Legal Question in Wills and Trusts in New York
Executrix power trip
Mother died 3 years ago in NY
Resid estate bal to be distrib equally to her 6 daughters except for an engage ring left to one sib
Youngest named exec
Never took control over assets causing disappearance
Exec has not communicated with those of us she has disowned
Only asset house in Nassau NY where my 2 disabled sibs also resided
The exec filed for eviction against 1 of them
Exec had atty demand reimb from the 3 not siding with her including 1 disabled for amts related to missing engage ring, delayed sale of the house (there were 2 sibs living there-other 1 sided with the exec) and legal fees to respond to the disabled sib�s atty filings re exec actions vs her
Court atty arbitrated stipul blessing the exec�s hyped accting; any and all claims to 3 reimb matters noted above from the 3 who did not side with her were waived.
Stipul was signed by all and was even witnessed by the est atty. Now only to distribute resid bal of the est
Est atty requested meet to demand the 3 reimb matters be taken up by the court prior to any distrib
Exec distrib funds to 1 sib and herself- says the other 4 will get theirs when she is good and ready
What should I do to get this matter back in front of Surrogate Court
2 Answers from Attorneys
Re: Executrix power trip
I concur with David. You must act promptly to avoid allowing estate assets to disappear. The executrix acted arbitrarily in only distributing to herself and 1 sibling, and should be censured or possibly surcharged for her arbitrary actions. It might be possible for your legal fees to be paid from her share of the estate, which the Court can do if she acted improperly. I can recommend several NY attorneys who could handle this for you.
Re: Executrix power trip
You need representation in NY to compel an accounting and distribution. If you do not have an attorney I can refer you to one of my associates. Good luck.
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