Legal Question in Wills and Trusts in New York
After Probate
In 2001 i found out i was to recieve a sum of money from an estate after it went through probate. There was a fight by two people for more money than what the will was told to give each person.There is aprox 21 people involved in the will.Ok now after five years the Probate was settled. We all got as of last year 05 , paper work and release forms that said your will all get x amount of money, and you will recieve one third now and the rest after the final accounting is finished.So everone turned in there release forms got there one third.Now it's 06 , we got the release forms again with with a booklet of the Accounting. everyone sent in there forms except one , who had there Attorney ask for more info on the Accounting before they would sign there release. Now is been weeks since the there attorney has had the info and the person still hasn't sign off.How long can they make us keep waiting? Can they dispute this now at this late date are we at this persons mercy since they signed off the first time.What can we do? any suggestions Thanks .
2 Answers from Attorneys
Re: After Probate
My condolences on your loss.
Regarding the distribution, this is a common occurrance. (i) The executor may distribute the remainder without the 'release forms'. The release only protects the executor and has no other legal consequence. (ii) You, or other person, may petition the court to instruct the executor to make the distribution without the last release. This has a fair chance of success considering the large lapse of time from the beginning of this process.
This whole matter has been excessive in the time taken to get to this point and it is unlikely that the only problem is the dispute you mentioned. The estate has not been processed with diligence and efficiency by the lawyers and accountants. Five (5) years is just too long.
I recommend that you get into contact with the lawyers and voice your displeasure. Mention a posible complaint to the Bar Association or hire your own lawyer.
You are welcome to follow up with further questions by email.
Andrew Nitzberg
Re: After Probate
I generally agree with Andy's comments, but not knowing the issues raised this could impact on the amounts to be paid out (only for the better to all concerned, if payments of bills, fees or the like were questioned and if the concerns are legitimate). This should not impact on what you have already signed off on to receive.
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