Legal Question in Wills and Trusts in New York
My brother is the executor of my mother's estate, which consists only of her home and a small bank account. He is not very functional, is out of work, is spending most of his time trying to find work, and has been "sitting" on the house for close to two years. He has not even hired a realtor yet to help sell the house. He does visit the house weekly. He and I are the only two heirs, however I live out of state. I have offered to take over the role and do it long distance, however so far he has refused. Meanwhile, the longer the home "sits" without being emptied and put on the market, the more time there is for something to go wrong. At what point would it benefit me to take legal action to have him removed as executor? He is not a committed felon or doing this on purpose -- he is just overwhelmed and incompetent. He has a history of starting things that he does not finish, and I feared this would occur. Do I have to sit with my hands tied until he decides to make the house a priority?
2 Answers from Attorneys
You are by no means forced to sit and wait for the property to deteriorate further before petitioning the court to have you appointed as executor. If your brother agrees to this, it should be relatively easy. If he fights it, it may be more costly and protracted. I would advise consulting with an attorney to help you through this process.
Sincerely,
Roman Aminov, Esq.
Law Offices of Roman Aminov
147-17 Union Turnpike | Flushing, New York 11367
P: 347.766.2685 | F: 347.474.7344
[email protected] | www.AminovLaw.com
You may petition to have him removed as an executor and have you serve as an executor. This might a long process. Have you spoke to your brother about this?
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