Legal Question in Wills and Trusts in New York
inheritance--estate questions
My question is--Can an executer of a will meaning my husband's brother and sister rent a home that was left to them and my husband (named as in trust-since his Father decided to leave his will this way only to my husband as to his unfair ways and lousy behavior towards my husband) In other words--my husband's brother and sister were named executors of the will of their parents estate and my husband in trust to them and they have not only done as they please as to not dividing all proceeds to the estate equally but were suppose to sell a home and hired a real estate agent who was their friend and did nothing to sell this house--including pricing the home wrong so now they are responsible to pay the taxes since the money has run out in accounts so now they decide they are going to rent the home for taxes and have not even notified my husband as to any monies-leases- or plans involving this transaction which they have already moved these tenants into this house. We were notified by a post it note from my husbands sister-inlaw who by the way has more say and responsibility-(asking us for money for taxes-writing checks on the estate and having her say than my own husband. I am boiling and want justice and my husband does nata
2 Answers from Attorneys
Re: inheritance--estate questions
Executors are fiduciaries of the estate and must act according to both the provisions of the will as well as statutory requirements. Unless the real property was specifically devised to a particular beneficiary, then the executor must sell it and distribute the proceeds according to the will. Other estate assets are also to be distributed according to the terms of the will. The executor must provide an accounting of estate assets if requested. Please contact my office directly if you would like to discuss your situation in more detail.
Re: inheritance--estate questions
It appears that the executors are doing nothing to settle the estate. While an estate takes a minimum of 6 months to complete, it should not take any longer. As you can see the liquid assets of the estate are being invaded, and now there is not enough to protect the real property, which is probably where the real value is.
You should consult with a lawyer immediately, who could pressure the executors, and even go to court to close out the estate,and sell the assets. You can't have a house eating up the value of the estate leaving nothing behind.
A house deteriorates,and needs repair. Taxes, water and garbage have to be paid or they will become liens on the house.
If the house was sold, the money you received could be put into investments, earning interest.
So as you can see it is important that you act now.
Your relative would be rolling over in the grave if he knew that everything that he worked for in his liftime was lost after his death.
If you like, you can contact me about this matter
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
