Legal Question in Wills and Trusts in New York

Ask your lawyer. That is why you are paying him.

This is done like a trial, but there is no jury, only the Judge. You can have witnesses, that have to be subpoenaed in advance and they should be prepared to testify and have their answers reviewed by your attorney before he questions them. There are trial procedures that have to be met, and your attorney should be familiar with them and should take all steps necessary. I have seen no pleadings so I do not know what are your charges against the Executor, what wrongdoing you have alleged and what your witnesses will testafy to. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

The problem is that you have an attorney. If you now want to do this yourself, you will have to discharge your lawyer. Although this may simply be done using two words ("You're Fired"), thinking that you can do all this alone is a mistake.

For example, you ask, "Can I bring emails with me if they have information in them that show that the executor is lying? Is that allowed?"

An e-mail is an out of court statement. Therefore, on its own it may not be introduced into evidence. However, with proper foundation it may be allowed into evidence as an admission by the executor, especially if he testifies to something difference during the trial.

See, not so easy. Maybe you should get a new lawyer.

Mike.