Legal Question in Wills and Trusts in New York
Over a year since Mom passed & getting no where
On 8/31/04 I submitted a question,titled confused and disheartend.I received a response from Mr Levine,I thank you.I find I need further assistance.If the first post could be read it would help with the background.What is proper procedure in closing an estate. Moms home sold Dec.2004.A meeting was set mid Jan.2005,at that time the estate attorney found the estate to be missing over $3,000.My brother handled all finances yet refused to attend sending scraps of paper he'd written giving amounts & check numbers.This was his accounting of monies he paid out of pocket,sister did same.To top it all he has moved out of state.I sat in a meeting & niether the attorney nor my sister(executrix)allowed me to view anything.Bank book I couldn't even make copies,no bank statements,I question the attorney as to why,no answer,I've asked numerous times that my sister have Moms jewelry,held in her possession be appraised & entered into the estate.Ignored.The attorney has informed me,''he can only make suggestions & drop hints & ''absent a direct question''(no clue what he meant)''he can not force them (siblings)to follow a certain path & It's up to me he did all he can do''.Am I nuts,how can they set the rules and the attorney does nothing.Please Help
2 Answers from Attorneys
Re: Over a year since Mom passed & getting no where
It appears from the limited facts that you present, that the attorney is not responding to you because he is retained by the executrix. He may be suggesting that you must go to the Surrogate's Court to formally request an "accounting" by the executrix. The accounting would require her to account for all of the estate's assests, liabilities, and expenses.
Re: Over a year since Mom passed & getting no where
I agree with John. It seems that the attorney, who while representing the executrix also has certain obligations to the beneficiaries, is being limited by the information being made available to him. I suggest retaining a local attorney, familiar with estate matters, to file for you an applicationb for a full accounting. This is usually required to close an estate anyway, but you can require that it be done promptly. Do not sign any documents involving the estate if you do not get a full accounting. In your application for an accounting, you have the right to see documents, bills, checks, etc. If anything was done improperly, the executrix can be surcharged if she participated. If your brother did anything wrong, any missing money attributed to him, can be deducted against his share of the estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
