Legal Question in Wills and Trusts in New York
New York State, Suffolk County: Is it too late (in 2017) for a beneficiary (or a co-executor) to file a complaint with the court about the commission charged by the executor for an estate that was settled in 2012? The executor paid himself $30k as the attorney for the estate, plus a full commission of $20k. But in Suffolk County, NY, statute requires that there be an affidavit from the testator saying the executor could be paid both; in the absence of the affidavit (as in this case), statute says the executor can then only be paid 1/2 commission, if also receiving attorney's fees.
1 Answer from Attorneys
It depends on what documents you signed back in 2012 when you got your distribution. Even if it's technically "not too late," you'll need a darn good reason why you waited 5 years to speak up.
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