Legal Question in Wills and Trusts in New York

Re: will

All the avenues you mention may be used.

Re: will

You have an exposure for theft. I suggest you contact the prosecutor first, to be sure you will face no charges. Have the prosecutor make a report to the Court as well, as to the findings of his investigation.

Re: will

My condolences on your loss and also on this situation.

I will answer your question fully.

1) If you received the key with your mother's consent and it has not been revoked in writing by the executor, then you had a legal right to enter the house and examine the documents.

2) Unfortunately, your sister is in real leagal trouble. She forged documents and that is a criminal offense and a felony. She is in real trouble.

3) You will ask the court to revoke her 'executrix' status and authority and appoint someone else.

You are a possible candidate as is another responsible person. Often in this situation, an attorney is appointed.

Do you have a wise relative who will be available to be appointed executor?

It is best for you to suggest an alternative candidate to the judge. Again, you are an eligible candidate.

I do recommend you find an attorney because you do not want to lose this action. Your sister will feel free to strip the estate in its entirety if she can win this action.

You are welcome to a consultation for no fee. Please try to make an appointment by email.

Andrew Nitzberg