Legal Question in Wills and Trusts in New York
Will
My father died June of last year and I
discovered later that year I was
named in his will. However, my
stepmother is the executor of the
will and for some reason she is not
fufulling her duty as executor. I
found out the lawyer name who is in
charge of the will. I called and
emailed him regarding the matter
and he said he is unable to do
anything until my stepmother notify
him. Could you please let me know
what steps I can take?
4 Answers from Attorneys
Re: Will
It has been a year since your father died. The will should have been probated by this time, and your stepmother should have been appointed the executriz of the estate.
She has six(6) months to fulfill her duties under the will. That would have taken her to January/February.
Estate taxes have to be paid - probably in June - and if this is not done there could be penalties and/or interest.
In addition, your step-mother could be using up the assets of the estate to your detriment. For instance, if you were given a portion of the house, she could be living there rent free, not paying taxes etc. which could become an immediate problem.
The lawyer is right, he reacts only when his client wants him to react.
It is up to you to do something to protect your rights - and you should do it now.
If you would like contact me. We handle these types of matters throughout the state.
Re: Will
It has been a year since your father died. The will should have been probated by this time, and your stepmother should have been appointed the executriz of the estate.
She has six(6) months to fulfill her duties under the will. That would have taken her to January/February.
Estate taxes have to be paid - probably in June - and if this is not done there could be penalties and/or interest.
In addition, your step-mother could be using up the assets of the estate to your detriment. For instance, if you were given a portion of the house, she could be living there rent free, not paying taxes etc. which could become an immediate problem.
The lawyer is right, he reacts only when his client wants him to react.
It is up to you to do something to protect your rights - and you should do it now.
If you would like contact me. We handle these types of matters throughout the state.
Re: Will
It has been a year since your father died. The will should have been probated by this time, and your stepmother should have been appointed the executriz of the estate.
She has six(6) months to fulfill her duties under the will. That would have taken her to January/February.
Estate taxes have to be paid - probably in June - and if this is not done there could be penalties and/or interest.
In addition, your step-mother could be using up the assets of the estate to your detriment. For instance, if you were given a portion of the house, she could be living there rent free, not paying taxes etc. which could become an immediate problem.
The lawyer is right, he reacts only when his client wants him to react.
It is up to you to do something to protect your rights - and you should do it now.
If you would like contact me. We handle these types of matters throughout the state.
Re: Will
You may commence a Miscellaneous action in Surrogate's Court for the will to be filed with the court and for you to be the executor of the will.
Mike.
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