Legal Question in Wills and Trusts in New York
stealing estate money
my wifes mother passed away while the estate was being settled my wife passed away so the settlement from the mothers estate was made out to my wife's estate. while setting up my wife's estate the check from the mother's estate went stale. the brother of my wife was the executor of the mother's estate was supposed to issue a new check to my wife's estate but it seems he is now hiding and may have spent the money. what legal recourse do i have to collect the money from the brother that is owed to my wife's estate? if he did spend the money what can i do?please help this is going on for a while now and i really need the money. if he has a house and the money has been spent can a lien be put on the house. also how do i find him if he is hiding...i believe i know where he lives but i don't have any pictures of him either. if i need to file a suit will it be a civil suit or do i need to file charges with the district attorney? help please!!!
1 Answer from Attorneys
Re: stealing estate money
It seems from your facts that the brother has breached his duty as executor and if so you would certainly have a viable action against him on behalf of your wife's estate, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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