Legal Question in Wills and Trusts in New York
Keeping Tabs on Executor
What rights do the beneficiaries have to information regarding the execution of a will as the process is going on? And how can we find out (such as appraised value of house, life insurance policies, etc.), other than asking Executor, who refuses to tell us anything? We basically know what the Will says, which is that the assets (house) are to be divided equally amongst 3 children and girlfriend of the deceased. The girlfriend is the executor and we (the children) are concerned about ensuring she acts appropriately as there is already potential evidence of her abuse of her authority (she also had Power of Attorney prior to Dad's death), amongst other things. We believe she may have liquidated his accounts already (prior to his death) for her own benefit alone, which can also affect payment of his outstanding bills that those funds were supposed to be for (his words).
3 Answers from Attorneys
Re: Keeping Tabs on Executor
A personal representative/executor owes a duty to the beneficiaries. You have the right to ask for proof that the assets have not been wasted or "stolen." If you suspect wrong doing, you should check on the assets and maybe even ask the judge to name a different executor.
Re: Keeping Tabs on Executor
As beneficiaries you are entitled to a copy of the Will and an accounting of assets, debts and expenses by the Executrix. You may also request copies of the decedent's tax returns, which might lead to assets not disclosed in the accounting (e.g., if a bank account is listed on the return, but not in the accounting, contact the bank for more information).
Re: Keeping Tabs on Executor
You have the right to know what's going on. If the Executrix is recalcitrant you can seek help from the Surrogate.
She can be ordered to file an inventory of the assets.
Eventually she can be forced to account for all of the assets and their disposition.
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