Legal Question in Wills and Trusts in New York

sale of home

My mother passed away 4 months ago. She had a trust no probate is involved. The house has still not been put on the market and a sister is living there at the cost of the estate. My brother is the executor, he says he just has'nt had time due to other commitments. How long can this go on? The house and everything of my mothers is to be divided 4 ways.


Asked on 12/17/06, 4:36 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: sale of home

IT DOES APPEAR THAT THE TRUSTEE MAY NOT BE ACTING PROPERLY, AND MAY NEED TO BVE REPLACED. OF COURSE, I HAVE NOT SEEN THE TRUST AGREEMENT, SO I DO NOT KNOW WHAT IT SAYS ABOUT THE ISSUES YOU HAVE RAISED. IF SOMEONE IS OCCUPYING THE HOUSE AND NOT PAYING ANY BILLS, UNLESS THE TRUST SPECIFIES THIS IS TO BE HANDLED THAT WAY, THE TRUSTEE IS ACTING IMPROPERLY, UNLESS HE IS KEEPING TRACK OF WHAT BILLS ARE BEING PAID AND WILL GET REIMBUSREMENT FROM THAT PERSON'S SHARE WHEN THE HOUSE IS SOLD. I AGREE WITH JASON, THAT YOU COULD PETITION THE COURT FOR REDRESS, INCLUDING HAVING THE TRUSTEE REMOVED AND SOMEONE ELSE APPOINTED. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT REALTIONSHIP. OMITTED OR MISSING FACTS COULD RESULT IN A DIFFERENT RESPONSE.

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Answered on 12/18/06, 1:59 pm
Jason Stern Law Offices of Jason Stern

Re: sale of home

As the Executor, your brother has a fiduciary duty to act in the best interests of the Estate. If he is not doing so, you can file a petition with the Court to have him removed as Executor.

If you need further assistance, you may contact me via email.

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Answered on 12/17/06, 6:47 pm


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