QUESTION

Can I sue my sister for not fulfilling her duties as executrix?

Asked on Jan 26th, 2014 on Estate Litigation - New York
More details to this question:
My mother passed away almost 5 years ago. My sister was executrix. She did divide most of the assets, but: There was an account with $50,000 in it at the time of my mom's death. It was set aside to use to take care of our grandmother's expenses. My grandmother passed away about 3 years ago. My sister never distributed those funds. The account was under my mom's name and my sister's name. My sister never did an inventory of my mother's items. My mom lived in my sister's house.. My mom had a lot of jewelry and other items of value...vases, furniture, etc... I have no idea what has happened with any of these things. My sister has both my mom and dad's ashes. I have asked her to split them with me, either in regards to splitting time with them or pouring half into 2 new erns. She agreed but has never followed through We do not get along and never have. We are not on speaking terms. Do I have any rights? Thank you.
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1 ANSWER

Matrimonial Law Attorney serving New York, NY at Law Office of Gerry Wendrovsky
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All these questions, are they are unresolved, are reasonable for you to ask. There are various proceedings that you can commence in the Surrogate Court, towards compelling your sister to account and/or distribute the assets. However, before embarking on litigation, it would be extremely worthwhile to first, consult with qualified estate counsel and determine a strategy. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com
Answered on Jan 27th, 2014 at 3:00 PM

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