Legal Question in Wills and Trusts in New York

I am at my witts end with settling my father's estate! In his will he named myself and sister as co-executors ( first mistake). He has been dead for 14 months. not one thing has moved forward.

She recieved as "specific bequests" 2 income producing rental properties and I recieved "SB" a cottage. Then there is the home my father lived in to be split 50/50. We were given the choice to use the assessments as value of the homes or get appraisals. My sister demanded that all properties be appraised for estate value due to the "Equalization clause" in the will. The appraisals all came back lower than the assessments. Now she wants a new appraisal only on the cottage I recieved because she feels she should be getting more cash out of the estate for equalization.Surrogate judge says she has a right to do this.

Q1: as co-executor can she fight the estate until she gets what she wants?

As per the rental units ( there are 3) Is the rent considered a part of the estates value? and for how long example: 1 year of rental money on estate value.

All 3 were rented at the time of death bringing in $1690.00 per month. She has re-rented all the units. I do not know what the monthly rent is. No rental money is being deposited into the estate account. She is also paying the taxes and other bills for the rental units out of the estate account.

Q2: can she collect and keep the rent and still pay the bills from the estate?

Sister refuses to do anything pertaining to the estae until she knows how much money she is going to get in equalization. She will not remove the items she wants from fathers home so it can be put on the market for sale. She will not help maintain it ( mowing etc.).I had buyers for the house but she would not agree on a selling price.

I have asked her for financial records, tax records and other items of concern and have been told "find it out yourself"

We have been back to the surrogate judge who layed out some guidelines and she has not done any of them.

I was told not to touch anything at my fathers because she wanted to go through things. She then proceeded to have a garage sale. I do not know where that money went!

She fired the lawyer and now hired another lawyer at the cost to the estate. Now they want to start over and go back to the surrogate judge.( more money out of the estate!)

Q3: As a co-executor I seem to have NO RIGHTS. If she says no that is the way it is. What do I do? I have a lawyer but can't seem to get any specific answers because sister and lawyer do not respond to anything

She has had all my father's mail forwarded to her home

Isn't she supposed to settle the estate in the best interests of my father's will? Not to fight it to make money?

How close does equalization have to be? I have been told if all the estate money is gone I will have to take a personal loan to pay her or sell my cottage ????? to satisfy her

Do people loose specific bequests to equalization clauses?

Do I have to pay out of my persoanl pocket because my father died?

Please help with some advice


Asked on 2/13/10, 5:07 am

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Your questions are too complex to be answered in this forum. You have the right to have your own lawyer as a co-executor at the estate's expense. I suggest that you avail yourself of that right and protect your interests before it is too late.

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Answered on 2/18/10, 6:49 am


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