Legal Question in Wills and Trusts in New York

My mother's will still valid. Estate was suppose to be distributed within 120 days. It has been 4 years. My sister was POA . She transferred accounts with ITF to her own name. Their was less than $400 dollars in expenses.. She gave herself approximately $40000. She has discreetly given herself bank bonds, and monetary assets. We are co-ownership to my moms house. I feel this will never be sold. She has a history of procrastination.


Asked on 8/05/14, 12:01 pm

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

It seems as though you need to bring suit for an accounting in the Surrgate's Court where she was appointed. A good local estate attorney could help you. You do not say who was the beneficiary of the ITF accounts? If it were someone other than your sister, the suit should seek to surcharge her for her actions in taking these assets. I have not seen the Will so I do not know what it says, if anything, about executor fees and/or commissions. The suit can compel the sale of the house as well. Who, if anyone, occupies it? How are the bills being paid, such as real estate taxes, insurance, utilities, etc.? More information is required for a complete response.

Read more
Answered on 8/05/14, 12:40 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York