QUESTION
What are my options to finalize estate planning?
Asked on Sep 07th, 2011 on Estate Planning - New York
More details to this question:
I am the executor of my father’s estate and we are in New York State. My father died 5 years ago and the estate has finally been settled. It took quite awhile because one of my siblings was living in my father’s house and she refused to move, locked us out and we had to start an eviction. She then entered into an agreement in which she agreed not to remove any property belonging to the estate. She did, however, take quite a few things, some of which had monetary value and which I and my other siblings agreed to let her have as long as she returned the items of sentimental value. I finally sold the home and did a final accounting which all of my siblings signed off on and I have distributed the share of the estate to my other 3 siblings; however, I have told her she must return only the sentimental items which my father told me to give to specific beneficiaries before I send her the check. The attorney for the estate passed away and this recalcitrant sibling has an attorney; however, I have tried contacting both my sister and her attorney and neither has responded. It is now going on about 2 moths. What are my options?
1 ANSWER
Theodore W. Robinson
First, hire a new attorney. Second, have the matter brought back into Surrogates Court and let the Judge or his Law Assistants work it out. I believe they will let you pay the money into Court until she finally comes across with the items she's agreed to provide. I might give her direct notice of your intent to do so to give her some further incentive. You might also point out that if you're forced to take such action, any share that she was to receive will be reduced by theattorney's fees. That just might get her moving. I'm not sure that the Surrogates Court will back you up with such a threat, but, in my opinion, they should. Otherwise, nothing will get done except if you succumb to her coersion which no court will countenance. Good luck.
Answered on Sep 09th, 2011 at 11:20 AM