Legal Question in Wills and Trusts in New York

will distribution

my grandfather died 6yrs ago leaving assets split among 3 children, the executer (my uncle) never distributed, my father just passed away and i hired a lawyer who is claiming i can only 1) proceed to evict my uncle from grandfathers home or 2) sign release and collect assets at uncles time of death...which could be years..? is this correct...or cant i collect my 1/3rd now as i am my fathers executor.


Asked on 5/04/07, 10:50 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: will distribution

Listen to your lawyer.

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Answered on 5/04/07, 10:59 am
Walter LeVine Walter D. LeVine, Esq.

Re: will distribution

I just posted a similar answer, possibly from your mother. Suit should be started to compel an accounting from the Executor, discovery of assets and possible claims for conversion of estate assets and "rent" for use of the house. Also, parition of the house, which will either force a sale or compel your uncle to buy you out. If your attorney has not or is unfamilar with these actions, chose another attorney to assist you. If your aunt is not interested in her share, she can possibly (maybe too late) disclaim or assign her interest in the estate to you.

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Answered on 5/04/07, 11:42 am


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