Legal Question in Wills and Trusts in New York
Relief of Inept Executor
Hello, My father's Will left my two siblings and myself $25,000 each; the executor named was his ex-partner. The executor has done nothing toward the settlement of the Will after 5 years (i.e. no accounting of the Estate assets, no sale of real property to satisfy the inheritance). Can he be relieved of his position due to incompetence? Would we three heirs be able to file for said relief and if so, how? Thank You!
2 Answers from Attorneys
Re: Relief of Inept Executor
Yes, if the circumstances are as you describe, you can petition the court to have the Executor removed. You should contact an attorney to start the process. You may email or call my office to schedule a brief complimentary consultation.
Re: Relief of Inept Executor
I agree with Tony that under the circumstances you describe, you can file suit in the Surrogate's Court where the the Will was probated, seeking an accounting, asking that the Executor be removed and replaced (was a secondary Executor named?), and, if there were problems, even ask that the Executor be surcharged for any losses or improper activity he may have done. I suggest retaining a specialist in Will contests to represent you. If you win the case, your legal fees may be paid out of other estate assets. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
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