Legal Question in Wills and Trusts in New York

Taking from Estate

After my grandmothers death my family is finding out she was very ill for some time and received no medical attention. My uncle the executer of the will, also with power of attorney has controlled her money for years. In the last 9 months he has paid over 15,000.00 to his daughter rent, insurance etc. He also took items of value from the estate. Does he have the right to do this? Also Grandmother gave gift checks of 10,000.00 on her death bed. My Uncle stopped payment on my families checks 4 days after she died.The checks were through PainWebber, where he works. Is that legal. When does his power of attorney end? He wants all the money and he also had her will changed a few years ago.My father, grandmother's son is dead so he feels we shouldn't get anything from the estate. I know I can't contest the will, but I will get some money unless he has taken everything-realestate etc.

Asked on 1/09/04, 9:20 pm

1 Answer from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Taking from Estate

If you think your uncle acted wrongly, you should consult with an attorney. He may be compelled to do a formal accounting and could be sur-charged for his mis-conduct.

Daniel Clement

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Answered on 1/09/04, 11:31 pm

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