Legal Question in Wills and Trusts in New York

My mother died in November 2003, with an estate that included property in Florida, New York as well as in Jamaica. In a last minute will, she named my eldest brother executor in a will that he also witnessed. Since that time he has drawn out the probate we recieved an order of distribution for the properties in Florida which he has refused to issue the Deeds. He has refused to file probate in New York and continues to collect the rent on the properties and provide a full disclosure of the assets (life insurance, contents of safety deposit box, etc). What options would the other heirs have? What can we do to resolve this situation?


Asked on 12/09/09, 6:53 pm

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

You can bring suit in the Surrogate's Court to compel him to account for all activities and, if he actred improperly, can even nask that he be removed from office (with soimeone else appointed)and be surcharged for any losses or funds he misappropriated.

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Answered on 12/14/09, 7:07 pm


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