Legal Question in Wills and Trusts in New York

My sister was the POA for my mother and I am the Executor. When my mother passed my sister took all the money out of my mother's checking account and left a zero balance closing the account. The money in the account came from my mother's social security and pension checks. The account had my sister's (POA) name my niece name and my mother's name on it. She also took money from another checking account that my mother had which contained my name, my sister's name and my mother's name on it, the money in this account also came from my mother's social security and pension. My sister withdraw money from this account draining it keeping money for herself and deposited the money into the other checking account that did not have my name on it. I filed the WILL at surrogates courts she received her letter stating I was the executor which she knew anyway. She refuses to give me any of the Estates contents which she has including stuff which was willed to me. There was a balance due on the Funeral and she refuses to contribute towards that and any other debits. She said it's my responsible to pay everything since I'm the Executor. So, she has taken the money, refuses to turn over Estate items, what can I do?

Asked on 3/04/18, 9:47 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Your next step would be to go through a "turnover proceeding," which is where the court orders another person to give over to the executor assets belonging to the estate. I don't think you'll be able to do this yourself.

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Answered on 3/04/18, 12:41 pm

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