Legal Question in Wills and Trusts in New York
I would like to know if my mother had any additional life insurance. My sister will not tell me. She is the acting executor. The will has never been probated or in small administration. I would like to know if my mother had any additional assets. My mothers attorney has allowed my sister to trade out a car in my mother's name. The will says that anything in my mother's name had to be probated.
1 Answer from Attorneys
You need an attorney to assist you! If there is no Will probate or an Administration, you sister seems not to be acting legally. By what authority is she the "acting executor"? Only a Court approved representative can act for the estate, so your mother's attorney seems not to have any authority either to suggest or approve what she did. It seems you need to start an action before the Surrogate to compel the probate and to require your sister to both account for what she has done and for a full accounting. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
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