Legal Question in Wills and Trusts in New York

Ancillary Probate: In NYS, an estate was settled in 2012. In 2017 ancillary probate was done. Who pays legal fees?

For an estate in NY, Ancillary probate (in Maine) had to be done in 2017 to take care of a small piece of jointly owned property. Should the executor/attorney have reserved funds for this? He didn't have it taken care of in 2012. He is also a beneficiary. He is asking the other beneficiaries to pay, along with him. Also, there was a co-executor. Is the co-exec also responsible for not reserving funds? Or is the primary responsibility of the attorney for the estate (also the chief executor)? Or should everyone split the bill?

Asked on 10/06/17, 6:29 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Tough question; lots of angles. First place is to look and see what the will says; does it cover this potential scenario? Who is benefitting from the proceeds of sale of this property in Maine? It’s a tough question and honestly I don’t know what the statutes says about this situation off the top of my head. The best solution is one where all parties will give and take and come to a compromise. I’d really want to know who is benefitting from the proceeds of the sale of the property. And you have to see what the will says about expenses of administration.

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Answered on 10/13/17, 7:04 pm

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