Legal Question in Wills and Trusts in New York

Long story short: My mom passed away nearly 5 years ago. 10 days before she passed, her boyfriend, and a lawyer had her sign a will , power of attorney etc.

Estate is still not settled. I believe executor removed money from bank account when he was given power of attorney. There is a car, valued at $6000 at time of death that is now useless.

I have received . paperwork to sign, however the "bank statements" provided are excel spreadsheets created by the executor,

Can an essential "stranger" (no family relation) and a lawyer walk into a house 10 days before a person dies and have them sign a valid will? Who is liable for the lost valuation of the car, that could have been sold 5 years ago if estate was managed properly?


Asked on 7/25/13, 9:03 am

1 Answer from Attorneys
Juliet Gavriel The Law offices of Juliet Gavriel, Esq

A person who has an estate may will the disposition of it in any possible way. In that regard, an attorney could prepare a Will, follow the direction of the Testator, and leave the disposition of the estate in a manner consistent the direction of the testator.

However, as a beneficiary of the estate there is duty owed to you by the executor of the estate. You could ask for a detailed accounting of whatever funds were spent. Also, depending on the type of Will that was prepared for your mother and whether she added provisions to extricate the executor. If there is egregious wrongdoing, then you may sue the executor.

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Answered on 8/19/13, 12:54 pm


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