Legal Question in Wills and Trusts in New York

Existing Will

What does it mean in a will my mom left: She and my father had 2 homes and he sold the main one after she died. Was he allowed to under the terms of her will? It reads: Sec 8 I confer upon my exector with respect to the management of my admmin. of any property, included in repairs and expenses of operations as expenses of the admin. of the will. B)To retain any property in my estate of whatever nature and wherever located wheather or not a type or quality or constituting a diversification proper for investment by a fiduciary under the laws of New York or any other jurisdiction, and wheather or not productive of income. C) To sell, exchange, abandon, or otherwise dispose of any property at public or private sale for such consideration and upon terms, including cresit,as seems advisible.D) To hold property in the name of a nominee:(Left Blank)

He has disreguarded her wishes to give money to the grandchildres also. He has sold a home, cashed in policies and is planing to buy another home cash but will not pay the kids what she wanted them to have. He also used her money for funeral and to buy his place in the wall, and it stated in her will All Legal, funeral, expenses be paid by her excutor which was HIM. What can I do? Help


Asked on 3/18/08, 4:39 pm

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

Re: Existing Will

I am not a New York attorney, but in Michigan, when such a situation happens, a petition for an accounting and to answer for specific actions is filed on behalf of the interested party, a.k.a. you.

The point is that you need to file in the probate court of the county in which he resided. Go to their office and tell them you want to file a petition and see what they say.

If you would like further information, please contact me via my website at www.lawrefs.com.

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Answered on 3/18/08, 5:20 pm


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