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.

Asked on 10/05/17, 9:52 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

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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Answered on 10/22/17, 2:42 pm

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