Legal Question in Wills and Trusts in New York
When my father passed away the executor read the will and all beneficiaries were in agreement and decided not to probate the will to protect his wife(my stepmother) from creditor harrassment. Now, 2 years later, some of the assets still have not been distributed (still in posession of his wife), the executor "claims" to have stepped down, my stepmother will not cooperate, and the secondary and terciary executors are the primary executor's wife and son. I(we) have not spoken to the secondary nor terciary executors yet but I assume they will not accept the responsibilities. I am still waiting to be paid back for the funeral expenses ($9000 which I paid with credit cards and therefore incurred interest charges) and a portion of the proceeds from the sale(by the executor as perscribed in the will) of personal affects(which still have not been sold: value of portion approximately $4,000) What recourse do the beneficiaries have now, 2 years later, if any. All involved parties reside in Suffolk County New York
2 Answers from Attorneys
You may commence a Miscellaneous proceeding against all the executors under NY SCPA 2102 to force probate, distribution and accounting.
Mike.
You can bring a proceeding in Surrogate�s Court to compel production of the Will, pursuant to Surrogate�s Court Procedure Act � 1401. Once the Will is produced and filed with the Surrogate's Court, you can then probate the will. If the executor and alternate executors are unwilling to perform their duties, then you can petition the court to be appointed executor. If the executor refuses to reimburse you for the funeral expenses, you can bring a proceeding for reimbursement, assuming there are sufficient assets to pay for administrative expenses and funeral expenses.
Please contact my office directly if you would like to discuss your situation further.
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