Legal Question in Wills and Trusts in New York
Does personal or real property need to be sold to pay a cash award indicated in
My cousin inherited from an old boy friend in his will 25 thousand dollars. His wife has stated that they found no cash money so they can't pay her. He did leave to his wife and sister his accounting business and to his wife alone he left thier house. How does she go about getting information and an accounting from New York when she lives in Nevada and does not have money for an attorney. Any information on what steps to take would be greatly appreciated. Thank You
3 Answers from Attorneys
Re: Does personal or real property need to be sold to pay a cash award indicated
Your cousin can ask the attorney for the executor for an explanation of her rights. He, or rather the executor, has the obligation to furnish the information.
The information you provide is not complete, since the rules "abatement" can be complex.
Hire a lawyer.
Re: Does personal or real property need to be sold to pay a cash award indicated
An accounting may be demanded by any interested party (your cousin) from the executor of the estate. I would recommend requesting a copy of the will also. The terms of the will are very important under the facts you have described. The language of how the house was given ('devised' is the legal term) to the wife may be very helpful to your cousin. This is what lawyers do - they help people get what is rightfully theirs. is there something to inherit? The will offers the answer to that question. Get a copy of the will and an "accounting" from the executor. You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Does personal or real property need to be sold to pay a cash award indicated
Speak with the attorney for the executor. Ask for a copy of the will. The language used may determine your cousin's rights.
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