Legal Question in Wills and Trusts in New York
Executor has schizophrenia
My father passed away and my stepmother did not call anyone until 4 days after he passed in the will she is the beneficiary and the executor she was instantly hospitalized and we believe will never be released. The house just sits there and I'm sure the bills are piling up. All my father has is the house and I am sure he would not have wanted it to go just for her hospital bills. mY brother and I are named as beneficiaries in the case she passes and also in her will we are the only beneficiaries can we do anything to fight this. We know she is incapable of handling any of this.
2 Answers from Attorneys
Re: Executor has schizophrenia
Are you sure your father's Will is valid. If so, does it require your stepmother to survivve him by a specified time to inherit, as some Wills do? If the Will is invalid and your step-mother is incapacitated, one of the children could apply to become Administrator of your father's estate, in her place, and at least get authority to handle his estate, even if she were determined under the intestacy laws to be his sole beneficiary. The house could be maintained and if she died, her Will would pass it on to you, so at least when you got it, it would be in good shape. Ccontact me directly if you have any questions.
Re: Executor has schizophrenia
Check to see if the will has a clause that says if the named Executor is incapacitated, etc...he names a successor executor.
If not, just apply to the Surrogate court to be executor. File a probate petition and start from there.
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