Legal Question in Wills and Trusts in New York
Failure or Executor to Probabe Will Made Seven Years Ago
My mother-in-law died seven years ago and named a cousin (who lives in New Jersey) as executor. She left about $10,000 to my daughter according to the verbal account of the executor. The executor has never probated the will; my daughter had not seen a penny. Also, there was a grave which also belongs to my daughter as she was to inherit everything.
Is there some way the executor can be made to execute this will? What if he has spent the money? Is there a statute of limitations. If so, how long?
2 Answers from Attorneys
Re: Failure or Executor to Probabe Will Made Seven Years Ago
The executor can be forced to probate the will.
See the clerk at the Surrogate's Court and you will get a lot of help.
Stealing the property of a decedent is a crime.
Re: Failure or Executor to Probabe Will Made Seven Years Ago
I will need more information before I can give you a complete answer. For example, do you know for certain that there was a valid will? Did the decedent own any probate property? It's possible that her assets passed outside probate (for instance if she owned everything jointly with right of survivorship). If that was the case, probate may not have been necessary. Also, when did your mother-in-law die?
You can call me at 908-273-1212 if you would like to discuss this matter.
Was the will ever probated?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
