Legal Question in Wills and Trusts in New York
I informed a judge in a estate matter that I was repsenting my self in court. Concerning an attempt to have me removed as exec. I was still ordered to obtain a lawyer which I did. All went well untill I found out the Judge had repeted phone calls with opposing lawyer with out my knowing resulting in my sepension as exec with out a court hearing. I was not told of this action. an auction of the estate property was heled during this time. I held the auction and signed papers stating I was the exec. What recorse due I have ? was the auction legal? Thank you John
2 Answers from Attorneys
If you acted with apparent authority as the Executor, before you were notified of the suspension, it would seem you acted properly and your activity was legal. You indicate that you have been "suspended" not terminated and/or replaced. This implies there may be further hearings leading to a decision of your status. It might be a good idea to raise the issue of your activity before the judge, so your actions and the results of the auction can be formally approved.
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