Legal Question in Wills and Trusts in New York

Re: Lawyer Integrity In Executing A Will

You should start by demanding an accounting from the Executor, in writing, which if he refesues to supply, can be demanded through the Surrogate's Court, which may require starting suit against the Executor. While the attorney may not have a conflict of interest, if he can be shown to have acted improperly in the handling of the estate, he can be sanctioned by the Court. You may need to retain your own personal attorney to assist you. From personal experience in handling hundreds of estates over the years, I can only state that I traditionally provide each heir with regular status letters, accountings and other information. To possibly allay some of your fears and concerns, it may be that the estate was exempt for death taxes (estate and/or inheritance), it may have been subject to estate income taxes and the interim distribution you received may have included income, the taxes on which have to paid by someone, either the estate, iteslef, or the person receiving the income. These are proper questions to raise with the Executor and attorney, and failure to get the answers may be part of your suit for an accounting. Last comment, as your question is unclear on this point: Are you a residual heir entitled to a share of the entire estate, or merely a person receiving a specific bequest. If the latter, you are not entitled to an accounting unless you are going to receive less than what the Will provides.