Legal Question in Wills and Trusts in New York

My uncle passed and did not leave a will, there are 5 nephews and nieces in total. my sister and brother became executors, the brother that was also named as executor passed away before property was sold, leaving my sister as sole executor. Brother and sister stated that they would share all money fairly 5 ways. One of my uncles properties was sold in march and my sister and other brother (not executor) called to tell me the good news. I was given a small sum of money and my sister is not happy with how it was spent and is denying me any further money, what are my rights if my name is not listed as one of the executors. all (4) other family members have been dispersed money? Where can I find a GOOD estate lawyer who understands the intestate succession laws in NY? I am in the Saratoga county area of NY.

Asked on 8/07/13, 8:50 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Administrators - like executors, except they are appointed to handle estates where there is no Will, have a fiduciary duty to all heirs to treat them fairly and equally. Your spending habits have no effect and she cannot deny you your share of the estate. You can sue her for an accounting and compel her to distribute your full share of the estate.

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Answered on 8/07/13, 9:12 am

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