Legal Question in Wills and Trusts in New York

Will Settelment Fraud

My aunt died in NY state leaving everything to be divided equally amoung 2 nephews and 2 nieces. I live in Florida and I am not being told the truth nor am I being given the correct amount of the entire estate. The other three live in NY and have access to the funds and I cannot prove they have taken the money. What can I do?


Asked on 12/03/06, 9:39 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Will Settelment Fraud

Retain an attorney in NY to check this out.

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Answered on 12/03/06, 10:34 am
Walter LeVine Walter D. LeVine, Esq.

Re: Will Settelment Fraud

YOU DO NOT SAY IF ONE OF THEM IS EXECUTOR OF THE WILL AND/OR IF THERE IS AN ATTORNEY REPRESENTING THE ESTATE, NOR IF ANY BOND WAS REQUIRED? THE EXECUTOR MUST PROVIDE A FULL ACCOUNTING AND HAS A FIDUCIARY DUTY TO REPORT EVERYTHING. IF THERE ARE ANY QUESTIONS, YOU CAN TAKE THE EXECUTOR TO COURT AND DEMAND THE FULL ACCOUNTING OF THE ESTATE. THIS WOULD NECESSITATE RETAINING A NY ATTORNEY. YOU ALSO HAVE THE RIGHT TO LOOK AT PRIOR TAX RETURNS OF THE DECEDENT AND THE ESTATE'S INCOME TAX RETURN, THE CONTENTS OF WHICH MIGHT LEAD TO YOU TO UNDISCLOSED ASSETS. YOU ALSO DO NOT PROVIDE AN ESTIMATE OF THE SIZE OF THE ESTATE, WHICH MIGHT LEAD TO OTHER TAX REPORTING. KEEP IN MIND THAT NOT ALL ASSETS (LIKE JOINT ACCOUNTS AND THOSE DESIGNATING A SPECIFIC BENEFICIARY, LIKE LIFE INSURANCE POLICIES OR RETIREMENT PLANS PASS SEPARATE FROM THE WILL, BY BENEFICIARY DESIGNATION. BEST IS TO DO WHAT DAVE SUGGESTS, RETAINING A LOCAL ATTORNEY KNOWLEDGEABLE ABOUT ESTATES, TO ASSIST YOU. 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. MISSING OR OMITTED FACTS COULD RESULT IN A DIFFERENT REPLY.

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Answered on 12/03/06, 1:36 pm


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