Legal Question in Wills and Trusts in New York

My Mother died in feb. 2009. My sister is the executor of the will as far as I know she has yet to probate it. She will not respond to any communications from me or my other sister as to the status of this. There are assets that are supposed to be

split equally but only she has access to them. What are our options. My Mother died

in NYC


Asked on 8/20/09, 2:09 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You may commence a proceeding in the Surrogate's Court for relief against the fiduciary under NY SCPA 2102. You may also file a proceeding under SCPA � 2106 to compromise a controversy between claimants.

However, before you run to Court, a letter from a lawyer may awaken your sister.

Mike.

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Answered on 8/25/09, 2:43 pm
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

I agree with Mr. Markowitz. A letter from your lawyer could get things moving. Also, if you are named in the Will, you may seek to be appointed Administrator, cta if your sister fails to act.

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Answered on 8/25/09, 3:25 pm


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