Legal Question in Wills and Trusts in New York
My father in law died in 2001 and made his daughter executor of his estate. he left a cabin on 3 acres and 21 acres across the road, undeveloped. this is split between the 3 siblings. each pays 1/3 of the taxes and upkeep, since the cabin is divided between the 3 siblings, is the daughter, (executor) still in charge and still considered the executor or is there a time limit to the executorship?
1 Answer from Attorneys
Service as the executor terminates when the estate is settled. Part of the settlement is either recording a new Deed naming the siblings as owners of the land, or completing a sale, if the property is to be sold, not retained. There is no specific time limit and, theoretically, she can serve for years. I suggest, if the property is to be retained, that the siblings have something in writing about the operation of the property, how bills should be paid and coordinated, usage of the cabin, and what happens if a sibling dies (since their heirs will now become new owners). Perhaps also, they might consider placing ownership in a partnership entity, like a LLC, which may provide a simpler solution for handling the affairs of the ownership and for tax return simplicity, plus some liability protection if anyone is injured on the property. This is a response to an Internet question and the reply is for informational purposes only and is not intended to be legal advice or as creating an attorney-client relationship.