Legal Question in Wills and Trusts in New York
Sister as executor refuses to share mother's estate with brother 50/50 as provid
My sister's husband's mother died willing all assets to daughter and son 50/50. Daughter was assigned executor and has totally disregrded her mother's wishes. She did an electronic transfer to have $120-140K put in her account in Alabama. Refuses to follow Mother's last wishes, will not give her brother anything. Claims this is what her mother wanted. There is still $60-70K in money market funds in limbo. The will clearly states a 50/50 division. What action has to be taken to make her comply? The money was transferred without a reading of the will and she is spending it as if it all belongs to her. Her mother lived with he brother for the last year of her life, need any help you can offer, thank you.
2 Answers from Attorneys
Re: Sister as executor refuses to share mother's estate with brother 50/50 as pr
If you have a copy of the will, you can probate the will yourself and name your brother-in-law executor. If you don't havea copy of the will, you can compell production of the will through the local surrogate's court. You may also have recourse against the banks. In any case, you certainly have remedies available to you.
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Re: Sister as executor refuses to share mother's estate with brother 50/50 as pr
I assume she died in New York. Is there an original Will and who has it? If your brother-in-law has the Will he should immediately apply to the Surrogate in the County where his mother died for probate of the Will. He should get a local attorney to assist him, as he has to contest his sister's appointment. He should also contact an Alabama attorney to sue the sister to return the excess money she withdrew. This is a little complicated since his sister is named executor and his application to probate the Will will also include a contest to have his sister removed from her eligible appointment. He should also contact the bank(s) from which the funds were transferred, get copies of all documents used to transfer the funds to her and copies of her authority to cause the transfers. If her name was on the accounts transferred, the advice is different since she might be entitled to keep any accounts on which she was listed as a co-owner. There may be more information to properly advise you, or more information you may need from the banks to support your husbands claim to be appointed and to recover the funds. Contact me if you need further information.
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