Legal Question in Wills and Trusts in New York

Guardian Responsibilities

Hi,

my mom's sister had a guardian since she wasnt able to care for herself after a few strokes, my mom agreed to have the guardian as she couldnt take the responsibility. Prior to my aunt's passing the guardian sold my aunts posessions. My mom was the next of kin as there were no children & my uncle died before her. My question relates to the fact that the guardian did not inform my mom that she was liquidating her possesions & we found out after it was done. We felt it was her right to inform immediate family of the sale of her items, Was she obligated to inform my mom or any family member. There were antiques, coins & family heirlooms & she put down $3000.00 from sale not itemized. The guardian was not related to my aunt. As the guardian did she violate her duties or responsibilities by withholding information of a pending estate sale. She did have our phone numbers. We cant undo anything as this happened 3 years ago but i'd like to know your thoughts on what she did. Thanks for your consideration.


Asked on 11/07/07, 10:49 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Guardian Responsibilities

SOUNDS TO ME THAT THE GUARDIAN MIGHT HAVE BREACHED THE FIDUCIARY DUTY OWED TO YOUR AUNT. UNLESS THIS WAS AN EMERGENCY SALE, THERE COULD HAVE BEEN AN APPRAISAL OF THE ITEMS, A PUBLIC SALE, OR SOMEONE IN THE FAMILY COULD HAVE BEEN CONTACTED AND OFFERED THE OPPORTUNITY TO LIQUIDATE OR PURCHASE THE ASSETS. WAS AN ACCOUNTING EVER FILED WITH THE COURT, AND THE SALE APPROVED? YOU ARE CORRECT THAT YOU MIGHT BE OUT OF TIME, BUT THIS SHOULD BE CHECKED IF THE GUARDIANSHIP IS STILL OPEN.

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Answered on 11/08/07, 2:36 pm


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