Legal Question in Wills and Trusts in New York
What rights do I have as co-executor to a will?
I've been designated as a co-executor
to an estate left for a handicap child.
The lead executor has refused to
provide me with a certified copy of
the will that was supposedly probated
and filed in court. I've requested
copies of the will for my files and was
informed not to worry.
However, I'm concerned that the
original will was never filed in court
and that possibly an alternate will
has been filed.
What rights to I have as a co-
executor? Also, where can I turn to
to find out if the original will was ever
filed in court or get copies of the filed
will?
I have a copy of the original will with
codicils that I signed but I'm
concerned that the lead executor
may not be following the codicil or
worse fleecing funds from the estate.
Im in Queens, NY. What can I do?
Where can I turn to for help?
1 Answer from Attorneys
Re: What rights do I have as co-executor to a will?
Q. What rights to I have as a co-executor?
A. As a co-executor you have the same rights as the executor. These rights are normally set forth in the will. If the rights are not set forth in the will, your rights as an executor are set forth in Article 11 of the EPTL.
Q. Also, where can I turn to to find out if the original will was ever filed in court or get copies of the filed will?
A. The will should have been filed in the Surrogate's Court where the individual that died resided. A filed will is a public record and you have the right to have a copy of same.
Q. What can I do? Where can I turn to for help?
A. You can make a formal written demand for documentation. If other executor ignores your formal demand, you may file a petition with the Surrogate's Court to remove the co-executor on the basis that he or she is not properly performing his or her fiduciary duty by ignoring the reasonable requests of the co-executor.
Mike.
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