Legal Question in Wills and Trusts in New York

My husband has been named as co-execter of his fathers estate. His sister has been named executer. His sister got the estate into probate (since their is very little monies in the estate) without seeking an attorney. Since probate his sister has been confused about how to proceed. My husband has suggested hiring an attorney he also made many suggestions on how too handle other issues with in the estate. He refuses to acknowledge any suggestions from him or other family members. The estate has been in probate for two months and we are afraid the house may go into foreclosure at this time. The executer did consult with two attorneys but gives the impression that she is not going to hire a professional. My husband would like to be removed as co-executer since he cannot work with her and does not want to be responsible. Can he legally be removed at this point as co-executer?

Asked on 9/01/09, 1:12 pm

Michael Markowitz Michael A. Markowitz, PC

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Your husband may resign as the executor. However, to resign as executor he must petition the Court under NY SCPA � 715.

Mike.

Answered on 9/08/09, 9:04 am

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