Legal Question in Wills and Trusts in New York

My Rights

My Uncle died in a car accident about a year ago and I am one of the beneficiaries of his house. His Lawyer is the executor and sold the house and did not tell me it went to closing. I asked him when I would get my money he told me he was hiring an Expert to review the black box in the Car. I told him that I did not want to do this and not hire an expert to review the black box I just want to get my money from the sale of the house. He told since he is the executor that I do not have say in it and that he is hiring this expert with the estates money. Is this true, Can he do this? Do I not have a say in what he does with the money in the estate?


Asked on 3/14/09, 1:18 am

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

Re: My Rights

There may be legitimate reasons for this to be done, such as questions of responsibility for the accidents, possible claims against or on behalf of the estate and the like. The Executor has a duty to inform all beneficiaries of his activities, and explain the reasons for his actions. I have not seen the Will, so I am not sure if the house was a specific bequest or part of the residual estate? What other assets comprise the estate? These questions goes to whether or not your share of the estate can be used to meet estate expenses. More information is needed to answer your question fully.

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Answered on 3/14/09, 10:40 am


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