Legal Question in Wills and Trusts in New York

Legal for an Executor to be in charge of more than 1 estate

My cousin E is the executor of my Aunt M's and Aunt R's estates. Both of them have passed away and I believe that E is not totally fulfilling her duties as executor-i.e, she hasn't sold either aunts' apartments nor has she liquidated Aunt M's stocks. (Aunt M passed away about a year and a half ago and Aunt R passed away about 3 years ago) Is it legal for E to be the executor of BOTH estates and can I and the other heirs pursue some kind of legal action to encourage E to move forward with the disbursement of our Aunts' estate?


Asked on 11/23/08, 5:02 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Legal for an Executor to be in charge of more than 1 estate

Yes, it is legal for the same person to be E of multiple estates, even if serving simultaneously. However, even if the estates are related (for exapmle, the estate of the second to die is a beneficiary of the estate of the first to die) E owes all beneficiaries the fiduciary duty to properly handle both estates. While there may be reasons for the delays, E may just be overwhelmed. any beneficiary can petition the Surrogate to compel E to take action and if E has acted improperly, E can be liable for damages to the estate.

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Answered on 11/23/08, 6:33 pm


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