Legal Question in Wills and Trusts in New York

Will Probate-sale of house

My wife's mother died 3 yrs ago and left in the will 25% of the sale of her house to my wife. The other 75% to her sister . The two sisters do not talk. The sister is the executor of the estate in the will. I contacted the lawyer handling the will/probate in NY state. I asked how the estate closing & sale of the house was going and he was not giving out much information other than to say it had ''been'' in probate and the other sister was ''in the process'' of selling the house. He seemed reluctant to give out much information. My question is:

Should my wife and I just wait to see what happens or

should we retain a lawyer to look out for our interests

and find out when the sale will take place and for how much. The house is worth between 400-500K. We would like to

invest the money from the house sale in our grand childrens college future. Any advice would be very much appreciated.


Asked on 4/05/06, 7:47 am

3 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Will Probate-sale of house

You should indeed pursue the sale of the house. In the absence of some valid reason, a delay of three years is extremely long.

If you are not in or near New York, and your zip code is out of state, you should consider hiring an attorney in or near the county where the Will is probated.

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Answered on 4/05/06, 8:41 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Will Probate-sale of house

Since it has been 3 years and the sisters do not speak to eachother, I would suggest hiring an attorney. The attorney will be able to get the information you need regarding the status of the probate, house sale, etc. and can demand an accounting if necessary.

Debra Palazzo

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Answered on 4/05/06, 8:45 am
Walter LeVine Walter D. LeVine, Esq.

Re: Will Probate-sale of house

I agree with Debra and Norman. 3 years is an extraordinary amount of time with nothing done. What has happened to the house all this time? Is anyone living there? Was it rented? Your wife has the right to an accounting from the Executor, and it seems like this is being avoided. You should retain your own attorney to contact the Executor and her attorney to get the status of the estate and an accounting. If they refuse, you can bring an action in the Surrogate's Court to compel the accounting and, if something was done improperly, you can sue the Executor and, perhaps surcharge her for any losses to the estate caused by improper actions or failure to take action. It is possible that the Executor may also be responsible for your attorney fees.

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Answered on 4/05/06, 11:10 am


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