Legal Question in Wills and Trusts in New York

retrieval of

my husbands grandfather past away over a year ago. in his will the grandfather named his daughter as executrix of his estate. grandfather left ''x'' number shares of stock to family members including my husband. all other family members have recieved their ''inheritence'' except for my husband. my husband has signed and returned all papers pertaining to the matter to the lawyer.the law firm handling the case turned over the stock certificates to my husbands aunt and she now refuses to give my husband his share of his inheritence.the lawyer handling the will states the matter is no longer in his hands. she is doing this because of a verbal only agreement my husband and his grandfather made over money my husband had previously barrowed (and had been attempting to pay back). can the aunt leagally hold my husbands share of his inheritence? how can we leaglly go about retrieveing my husbands property from her?


Asked on 12/27/02, 2:09 pm

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

Re: retrieval of

These are 2 separate issues. Was the alleged debt considered a part of the estate "assets"? If not, the shares must be delivered as part of the estate, and the claim, if any, asserted independently. Your husband may have to petition the Surrogate's Court to get his shares, and the issue may wind up being litigated there. Does your husband acknowledge the debt? What are the respective numbers (debt and share value)? Who owes who net? If the debt is legitimate, self-help by the aunt (avoids litigation) might be deemed appropriate. But the value of the debt should be allocated to all heirs, which may include your husband. More information on the numbers and legitimacy of the claim for the debt are needed.

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Answered on 12/27/02, 2:32 pm


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