Legal Question in Wills and Trusts in New York

secrative excecutor

my mom passed away three years ago in n.y she left my brother the executor since i live in nevada. according to my brother her will stated that her estate be divided between us.I never got to see will.estate went into probate. my mom also had a condo which my brother sold. i never got an acct.of the estate now the IRS is asking me for the acct.or pay $14,000 my brother says he dosent have and that lawyer detroyed it. I knew i was being cheated also when i asked about her jewlery which i knew she had was told she sold it.my mom also loaned my brother $50,000 should this money be put back into the estate? since nevada dosent have any estate taxes what are my rights? can I alsodemand from my brother an accounting how every thing was divided down to the jewlery my brother has been ignoring me as far as not even talking to me for the past year which makes me even more suspicious. please help


Asked on 8/12/02, 8:51 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: secrative excecutor

It certainly sounds like they took advantage of you. You need counsel to review the court file in NY. Nevada law has nothing to do with it. Call me to discuss since I practice in Fla. & NY. Good Luck.

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Answered on 8/12/02, 2:18 pm
Walter LeVine Walter D. LeVine, Esq.

Re: secrative excecutor

I SUGGEST YOU IMMEDIATELY RETAIN A NY ESTATE ATTORNEY. PLUS, CONTACT THE SURROGATE'S OFFICE WHERE THE WILL WAS PROBATED. YOU ARE ENTITLED TO AND SHOULD HAVE RECEIVED A COPY OF THE WILL. YOU SHOULD ALSO CONSIDER AN ACTION IN THE SURROGATE'S COURT FOR AN ACCOUNTING, POSSIBLE REMOVAL OF YOUR BROTHER AND SURCHARGING HIM FOR ANY COSTS, EXPENSES AND LOSSES THE ESTATE HAS INCURRED. IT SOUNDS LIKE HE HAS NOT UNDERTAKEN ANY OF THE RESPONSIBILITIES HE HAS AS EXECUTOR. CHECK ON THE ESTATE ATTORNEY ALSO, WHO APPEARS NOT TO HAVE DOING HIS JOB. AS TO THE LOAN, IT CANNOT BE ADDED BACK TO THE ESTATE UNLESS THERE WAS A PROVISION IN THE WILL, OR A NOTE BETWEEN YOUR MOM AND BROTHER EVIDENCING THE LOAN. IN THE ACCOUNTING, YOUR BROTHER SHOULD ACCOUNT FOR EVERYTHING THAT CAME INTO HIS POSSESSION AS EXECUTOR, WHICH WOULD ALSO INCLUDE THE JEWELRY. CHECK ON THE CONDO SALE. SOMETIMES THE TITLE COMPANY REQUIRES ALL HEIRS TO SIGN THE DEED, NOT JUST THE EXECUTOR. GET A COPY OF THE CLOSING STATEMENT FROM THE ATTORNEY. LASTLY, ADVISE IRS WHAT IS GOING ON. IF ANY TAXES ARE DUE, THEY ARE ESTATE RESPONSIBILITIES, NOT PERSONAL TO THE HEIRS.

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Answered on 8/12/02, 6:14 pm


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