Legal Question in Wills and Trusts in New York
will
what is atemporary letter of testamentory and what power does it have?
2 Answers from Attorneys
Re: will
It allows the person appointed to handle the estate matters (collect assets, pay bills, etc.) while whatever issues about permanent appointment are being resolved. This usually occurs where there is some issue, perhaps a Will contest over which Will is to be probated, or a question of capacity of the designated person in the Will. The person appointed has all rights to handle the estate, on a temporary basis, especially if there are time deadlines that must be met, and must report to the Court on all actions undertaken. More facts are needed as to why temporary administration was issued, to provide a better response.
Re: will
A temporary executors is appointed when there is a will dispute or some understandable delay in appointing the permanent executors. A temporary executor has very limited powers; the executor can collect assets, pay taxes and certain bills. No legacies can be paid by the temporary executor without permission of the surrogate.