Legal Question in Wills and Trusts in New York
Uncle dies intestate in kings county, ny
My single uncle[No children} died last yr. No will was found which I find suspect having handled some of his financial dealings. No statements, safe deposit boxes or other legal info was found. His sister who is the sole surviving sibling has retained a law firm to distribute his assets, consisting of cash and securities. At the time I was told the house was left to his sister. I called the law firm and they would not divulge what any or the amounts of the assets are. I then get a notice from the law firm stating that myself and my siblings are heirs and must sign a form to appoint my aunt executor of the estate which i signed. Now I receive another letter from the law firm for a waiver of process and consent to sale of property. The property was not left to my aunt and is to be distributed among the heirs. Once again I call the law firm and they disregard me and will not divulge any information. So, here are the questions.
1st Are we entitled to know what the assets in the estate are?
2nd How can I be sure house is sold for fair market value.
3 how does one know what was taken from safe deposit boxes.
4Don't the lawyers have a fiduciary responsibility to perform an asset search
1 Answer from Attorneys
Re: Uncle dies intestate in kings county, ny
First off, you should have gotten a copy of the Will when you were asked to signed what I assume was the Waiver of Citation.
If there was no Will, then you share in the residue of the estate and have akeen interest in the value of the assets.
You are entitled to know the assets in the estate. You are entitled to know the fair value of the house (it should be listed in the petition filed in the Surrogate's Court).
Legally, the Executor performs the assets search, not the lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
