Legal Question in Wills and Trusts in New York

Will

My daughter's father died last year. We were not married. Our daughter was only 8 at the time he died. I understand that the executors have to file and inventory of assets after those named get what is named to them. However it says after this that all remaining should be divided evenly between the children. They have not yet filed an inventory but are selling items that I know he had. On behalf of my daughter, I do not know what to do about this. What recourse do I have if I know they are selling items yet have not filed the inventory list with the court because I was told they had to because his/my daughter is a minor child.


Asked on 5/17/09, 10:39 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Will

I am presuming your daughter is one of the children beneficiaries of his estate. Several comments for you to consider, not having seen the Will. What does the Will says about a share of the estate going to minor children. Usually the Will either sets up a trust or allows the share to be held by the child's custodian (usually you). This could be done in cash or "in kind" which is the actual asset. If they are selling personalty, it may be because it has nominal value (like a garage sale) and would be easier to distribute cash, and the sale proceeds would be easier to account for than list numerous items. They have a fiduciary duty to accurately account, and the inventory is part of the accounting they must provide. Usually it is provided when all bills and expenses of the estate are paid, and they are ready to distribute. If you have serious concerns, you could always petition to the Court to question what is being done.

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Answered on 5/17/09, 4:02 pm


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