Legal Question in Wills and Trusts in New York

serving a citation

I am an heir in my grandmothers estate. The executer and his attorney representing the estate refuses to reply to me or my brothers attorney(my brother is also an heir.)I would like an accounting of the estate.The surragate court of New York says I have to serve him a citation and then we go in front of the judge and the judge will decide if I am entitled to one. Is that the only way I can get an accounting as I do not live in new York and would be a burdon on me to go there. My inheritance is capped and I have received it, however the executer has done some illegal things and doesn't want me to see how little he has claimed is in the estate. The estate should be over 1.5 million.


Asked on 11/16/04, 6:49 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: serving a citation

My condolences for your loss.

Regarding an accounting, as an "interested party", you are entitled to one. On denial by the executor, you may petition the court directly.

YOU ARE NOT REQUIRED TO BE PHYSICALLY PRESENT IN THE COURT OR NY. Your atorney may appear for you. However, your lawyer must be licensed in the State of New York.

You are welcome to a consultation for no fee. In this case, we can discuss the matter over the phone. (I am licensed in NY.)

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Answered on 11/18/04, 7:54 pm


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