Legal Question in Wills and Trusts in New York
Incapacitated beneficiary & executor
My father passed and the named executor has schizophrenia and we have now learned has cancer in the brain. My father left everything to my stepmother and sub executor is my brother and he wanys nothing to do with it can I since iam the only other beneficiary take over as executor. Also can the hospital in which she is at take over the home and put a lien on it for her care even though it is only under my father's name and they have no idea in who he left everything to. What would be my first step to expedite this. Please help!!
2 Answers from Attorneys
Re: Incapacitated beneficiary & executor
Yes, however, you would have to petition the Surrogate's Court. The petition would set forth the reason why both named executors are unable to perform.
Mike.
Re: Incapacitated beneficiary & executor
Both answers are yes. Retain NY counsel
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